“Degraded The Morale Of Police Force”: Madras High Court Dismisses Ex-DGP Rajesh Das's Plea To Suspend Sentence In Sexual Harassment Case

In June 2023, the Chief Judicial Magistrate Court in Villupuram convicted and sentenced him for offences under Section 354A (2) IPC and Section 4 of the Tamil Nadu Prohibition of Harassment of Women Act 2020 and Section 341 read with Section 109 of IPC for sexually harassing a woman Superintendent of Police while on duty in 2021. This order was confirmed by the Principal Sessions Court, Villupuram in February 2024.

While setting aside Das's plea for suspending the sentence pending consideration of the revision petition, Justice M Dhandapani observed that a person of Das's status, who was holding the post of Director General of Police ought to have conducted himself in a proper manner.

“It would not be in the interest of justice if this Court grants suspension of sentence, more so considering the , fact that the revision petitioner is not a novice and in fact the revision petitioner was holding the post of Director General of Police and a person of the said stature, coming from a disciplined force, ought has to conduct himself in a proper manner, but the action of the revision petitioner has degraded the morale of the police force,” the court observed.

The court also observed that the present case was unlike other routine cases since it involved allegations of a serious nature against a man, being higher in the hierarchy in the police department, for outraging the modesty of women folk.

Though Das had argued that the statement of witness, the woman officer, had contradictions, the court observed that when the courts below had concurrently held the evidence to be believable and trustworthy, the court could not, while sitting in revision, look into the whole evidence. The court added that while the inconsistencies and contradictions would hold value while considering the revision, they could not be looked into at the time of suspension of the sentence.

The court also remarked that it should be slow in granting suspension of sentence in matters involving outraging modestly of women or indecent behaviour with women.

“In cases involving outraging the modesty of women or indecent behaviour with women, the courts should be very circumspect and slow while granting suspension of sentence to the accused, who have been held to be guilty through concurrent judgments of the courts below. The offence against women, girls and girl child is on the steep ascendency and this is causing a grave concern for a peaceful life in the society,” the court said.

The court was thus not inclined to suspend the sentence or expemt Das from surrendering. The court grabted liberty to Das ro surrender before the trial court and file petition for regular bail which the trial court could consider and pass appropriate orders on the same day.

Citation: 2024 LiveLaw (Mad) 167

Case Title: Rajesh Das v State

Case No: Crl MP 3067 of 2024