Kerala Court Convicts Man For Making More Than 300 Phone Calls To Police Station To Harass Woman Police Officer

A Kerala Court recently convicted a man for making more than 300 phone calls to the official phone of Vanitha police station, Kochi city, in order to harass a woman Civil Police Officer.

The Additional Chief Judicial Magistrate, Ernakulam, Sajini B.S. sentenced the accused to rigorous imprisonment for a period of 3 years and imposed with a fine of Rs. 15,000. 

The prosecution case against the accused was that he had continuously contacted the woman police officer with the intention to outrage her modesty, and to request for sexual favours. He was thus booked for offences punishable under Sections 354A(1)(i)(i) (Punishment for Sexual harassment) 354 D(1)(ii) (Punishment for Stalking) IPC and 120(o) of Kerala Police Act (Penalty for causing nuisance and violation of public order). 

The Court noted that the prosecution had successfully established the offence under Section 354A. However, it added that the prosecution could not prove the offence of stalking under Section 354D IPC, since it was of the view that calling on the official phone of a police station continuously could not be equated with following a particular person for personal interaction.

The Court however found that the offence under Section 120 (o) of the Kerala Police Act was well-established in the case. 

"The act of the accused has not only caused discomfort, mental pain and dislike to the prosecutrix and other staff members of the police station but also adversely affected their public duty to attend the phone calls which might be an emergency and may contain information and grievance from general public which require emergent action. Thus, the act of the accused not only affected PW1 but also impliedly affected general public. As such, by the act and communications made by him by undesirable repeated calls, undoubtedly caused nuisance. So, ingredient of the offence u/s.120(o) of Kerala Police Act have been made out against the accused by virtue of cogent and convincing evidence. Thus, it can be safely concluded that the accused is guilty of the offence u/s.120(o) of Kerala Police Act," the Court observed. 

The accused was accordingly convicted of the offences under Section 354A(1)(ii) of IPC and 120(o) of Kerala Police Act. 

 Assistant Public Prosecutor Vinitha T.P. appeared on behalf of the State. The accused was represented by Advocates Akhil George and Surjith S.R.

Case Title: State v. Jose R. 

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