'Sexual Gestures' Of Accused Must Be Discernible From FIR, Final Report Or Other Material: Kerala High Court

Justice A. Badharudeen quashed the proceedings initiated against the petitioner under Section 119 (1)(a) of the Kerala Police Act, 2011. It said,

“If the sexual gestures or acts performed by the accused could not be discernible from the FIR, Final Report or other materials, mere assumption of the Detecting Officer as well as the Investigating Officer that the accused performed or showed sexual gestures or acts degrading the dignity of women, keeping the gestures or acts in his mind in secrecy, would not suffice to constitute an offence under Section 119(1)(a) of the KP Act.”

As per Section 119 (1)(a), any person who performs any act or sexual gestures in a public place with intent to degrade women's dignity is punishable by imprisonment which may extend to three years or with a fine not exceeding ten thousand rupees or with both.

The petitioner was accused of showing sexual gestures that would degrade women's dignity near the KSRTC depot, Attingal. In his quashing plea, the petitioner contended that no overt acts in the form of sexual gestures alleged to have been done by him were disclosed in the final report or in the FIR.

On analyzing Section 119 (1)(a), the Court observed that showing sexual gestures in public was an essential ingredient to constitute an offence under the provision.

It stated that proceedings cannot continue against the petitioner based on the assumptions of the investigating officer that the man allegedly showed sexual gestures, without it being discernible from the materials.

As such, the Court allowed the petition and quashed the proceedings against the petitioner.

Counsel for Petitioner: Advocates P.Rahul, Arul Muralidharan, Abhina L.

Counsel for Respondents: Public Prosecutor M P Prasanth

Citation: 2024 LiveLaw (Ker) 431

Case Title: Arun S v State of Kerala

Case Number: CRL.MC NO. 5613 OF 2024

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