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Synopsis

The Karnataka High Court has declined to quash a charge sheet filed against an advocate for the offence of rape and attempt of rape a law student who worked as an intern in his Mangaluru office, saying such "horrendous" acts with young entrants would have a "chilling effect on the entire practice and profession".

A single judge bench of Justice M Nagaprasana dismissed a petition filed by advocate Rajesh K S N under Section 482 of the Criminal Procedure Code to quash the charge sheet for offences punishable under Sections 376, 376(2)(f), 376(2)(k), 376C(a), 511, and others of the IPC.

The bench said it is for the accused to come out clean in a full blown trial. 

The complainant, a second year law student, had joined the office of the advocate-accused on August 18, 2021 for a stipend of Rs 6,000 per month. 

It was alleged by the complainant that the advocate used to watch CCTV footage having her private movements like combing hair, cleaning face and used to send the clippings through WhatsApp.

On September 25, 2021, when no other person was in the office, the advocate forcibly pulled her hands after calling her to the cabin and kissed her on the forehead. It was also alleged that he whispered in her ear “love you and want to have you” grabbed her face; removed spectacles, forcibly tried to unbutton her; and touched all her private parts with bare hands. The girl, somehow, managed to escape. The lawyer, however, threatened her if she revealed anything that has happened to her, everyone would see her dead body.

Subsequently, the accused advocate apologised to her on mobile.

A complaint was filed with the Mangaluru women police station on October 18, 2021. The police filed a charge sheet for offences under IPC sections 376, 376(2)(f), 376(2)(k), 376C(a), 511, 354A, 354B, 354C, 354D, 506, 384, 388, 389 204, 203, 212, 120B, 179 and 202. 

In his submission, the petitioner's counsel contended there is no evidence, even prima facie, to include offences under Sections 376, 376(2)(f), 376(2)(k), 376C(a) and 511 of the IPC. 

He said the complaint or the summary of the charge sheet, even if they are taken to be correct, nowhere indicated any offence of commission of rape under section 375 of the IPC. The complaint though narrates attempt to rape, it does not move forward of any commission of rape, he added.

A counsel for the complainant submitted that the petitioner does not deny occurrence of the incident, but in fact admits it. Once he does so, it would not become a case for quashing. There was a clear intention and preparation to rape, the counsel said, citing the victim's statement recorded under Section 164 of the CrPC. 

The state counsel also opposed the plea by the petitioner, saying if a perusal at the Section 164 CrPC statement is made, it would become unmistakable that it requires evidence and trial. 

Going through the arguments, complaint and Section 164 statement by the victim, the court said, none of the submissions made by the counsel for petitioner merit any acceptance. 

"In the considered view of this court, it is a matter of evidence in a full blown trial for the petitioner to come out clean. The concerned court is yet to frame charges and there is no reason to believe that the court would not apply its mind while framing charges," the judge said.

"There is no warrant of interference at the hands of this court at this juncture, to intervene, interdict or obliterate those allegations of rape, preparation and attempt for an offence against the petitioner," the bench added.

Relying upon the Supreme Court's judgement in 'Nathu Ram vs State of Haryana' (1994), the court said that the conviction in which the accused was standing in kachha and banian was upheld. 

“The allegation was that he was attempting to rape the prosecutrix. The defence was that he had not opened the clothes completely. Therefore, it would not become a rape. It was only at best a preparation and not a commission. The Supreme Court declines to accept and upholds the conviction holding: “It is the apparel that proclaims"," the bench pointed out