Source : INDIA TODAY NEWS
The Kolhapur Bench of the Bombay High Court has granted relief to a man accused of manhandling a female official, while refusing to cancel the FIR against him. The alleged incident is said to have taken place when an agriculturist purportedly barged into a local Gram Panchayat office.
While holding that the charges of sexual harassment were not maintainable, the court observed that while the man may or may not have outraged the woman’s modesty, there was no intent to commit physical contact and that there was an absence of advances involving unwelcome and explicit sexual overtures or a demand for sexual favours.
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The FIR in the matter was registered in February 2024. In her complaint, the government servant alleged that the agriculturist had barged into the Gram Panchayat office where she was posted. The incident allegedly took place a little after noon, around 12.30 pm, according to the complainant.
She said an altercation took place between her and the accused at the spot. During the heated exchange, the man allegedly snatched some documents from the official, tore them up and threw them on the desk.
Thereafter, he allegedly grabbed and pressed her right shoulder and shoved her away after doing something that made her feel uncomfortable.
An FIR was subsequently filed against the man for using criminal force against a public servant to obstruct them from carrying out their duty, outraging the modesty of a woman, and sexual harassment.
He then approached the high court seeking the cancellation of the FIR and the chargesheet filed against him by the police.
The man’s counsel, Advocate Ritesh Thobde, argued that it did not appear that his client pressed the complainant’s shoulder with the intention of outraging her modesty.
It was further submitted that the agriculturist had lodged a complaint against the official with the Block Development Officer and a notice was issued to her as a result.
Therefore, to counter the official complaint and out of grudge, she got a false FIR registered against the man, Advocate Thobde argued before the court.
The court went through the complainant’s statement in detail and observed that it prima facie indicated that she was doing her job when the man entered the Gram Panchayat office and argued with her, and snatched the copy of some order, tore it up and threw it on the desk.
Thereafter, he grabbed and pressed her right shoulder and shoved her away after doing something that made her feel ashamed, the high court observed.
“Thus, prima facie, it reveals that the Petitioner used assault or criminal force to deter her from discharging her duty as a public servant and also outraged her modesty, causing her to feel ashamed,” the court said, adding that the averments attract the ingredients of Sections concerning using criminal force against a public servant and outraging the modesty of a woman.
“However, prima facie, it does not appear that the Petitioner, with an intent to commit physical contact and advances involving unwelcome and explicit sexual overtures or a demand for sexual favours, as contemplated in Section 354-A of the IPC (sexual harassment). Therefore, prima facie, the ingredients of Section 354-A of the IPC are not attracted against the Petitioner,” the court remarked.
– Ends
SOURCE :- TIMES OF INDIA
