FIR Must Clearly Indicate Sexual Gestures, Mere Assumptions Can't Sustain Charges : Kerala HC
The court noted that the prosecution materials do not suggest what actually the sexual gestures or acts performed by the accused
The Kerala High Court, in a significant ruling, has necessitated the production of clear evidence for a charge of sexual gestures to sustain. The court emphasised that allegations of sexual gestures by an accused must be explicitly discernible from the First Information Report (FIR), final report, or other materials for the case to proceed.
Justice A. Badharudeen, presiding over the case, quashed the proceedings initiated against the petitioner, Arun S, under Section 119 (1)(a) of the Kerala Police Act, 2011, who was accused of making sexual gestures near the KSRTC depot in Attingal.
The court noted that “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.”
According to 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 subject to punishment, which may include imprisonment of up to three years, a fine not exceeding ten thousand rupees, or both.
The petitioner argued in his quashing plea that the final report and FIR did not disclose any overt acts of sexual gestures allegedly performed by him.
The court underscored that the prosecution failed to point out what are the sexual gestures or acts performed by the petitioner, which would warrant penal consequences under Section 119(1)(a) of the KP Act.
Conclusively, the court quashed the FIR and the Final Report against the petitioner, stating "Since, the prosecution materials do not suggest what actually the sexual gestures or acts performed by the accused, entire prosecution is found to be meritless and baseless.”
Cause Title: ARUN S v STATE OF KERALA [CRL.MC NO. 5613 OF 2024]