'Removal From Service Cannot Become A Ground For Filing Sexual Assault Complaint': Karnataka HC Quashes Sexual Harassment Case Against Post Master

The Karnataka High Court has quashed a sexual harassment case against a post master, who was booked by the police on a complaint filed by a temporary Group-D employee in 2018.

A single judge bench of Justice K. Natarajan allowed the petition seeking quashing of the criminal proceedings registered for offences punishable under Section 354(A) read with 34 of IPC.

The bench said, "Merely the Officer, in-charge of the Post Office removed the employee from the service, that itself cannot be a ground for filing a complaint and dragging them to Court on the allegation of sexual assault on the victim."

Case Details

The woman in her complaint said that her mother used to work in the post office at Basavanagudi Post Office as a temporary employee but since she was unwell, the complainant started working in her place.

She alleged that the accused used to insult her stating she is not working properly and was insisting her to do work and threatening to remove her from work. Inspite of the complainant apologising, the accused continued threatening her to remove from work, she said. She also allegedly attempted to commit suicide by jumping from terrace but the office staff "brought her back."

The complaint further alleged that he sought "sexual favour" from her for which she has rejected. However, she stated that some day, the accused took her in his car to a public park at 8th Mile and attempted to have sexual affair with her. At that time, someone came and caught hold of the accused and the complainant walked away from the spot. Thereafter, the complainant filed the complaint.

Findings

On going through the records, the court noted that there is a specific allegation made by that victim that accused once took her to a public park at 8th Mile and tried to have "sexual affair" with her at that time but some person caught hold of him and she walked away from the spot.

The bench said, "The police did not investigate the matter by going to the 8 th Mile park to see whether the said park is there or not and examine whether an CCTV is installed and obtained CCTV footage to check as to whether accused No.1 and victim had in fact visited the park or not."

Further the bench observed, "No witnesses were examined by the Investigating Officer except recording the 164 of Cr.P.C. statement of the victim before the Magistrate and statement of her mother."

Following which the court held, "On Perusal of the above, there are no ingredients have been made out by the prosecution to attract the allegations. There is no material or statement of any other witness to prove the allegation made by the victim. Even Section 354(1) of IPC does not attract regarding sexual exploitation by Accused Nos.1 and 2 in the complaint. That being a case, conducting criminal proceedings is nothing but abuse of process of law."

Case Title: RADHAKIRSHAN @ K RADHAKRISHNA & ANR v. STATE OF KARNATAKA

Case No: CRIMINAL PETITION NO. 8277 OF 2021

Citation: 2022 LiveLaw (Kar) 499

Date of Order: 4TH DAY OF NOVEMBER, 2022

Appearance: AFRUJ PASHA, ADVOCATE FOR RAJESH S R, ADVOCATE for petitioners.

B.J. ROHITH, HCPG for r1/state.

RAJASHEKHAR. K, ADVOCATE FOR R2

Click Here To Read/Download Order