Material Do Not Suggest What Actually The ‘Sexual Gestures’ Performed By Accused: Kerala HC Quashes Proceedings Under Kerala Police Act
The Kerala High Court quashed proceedings against an individual accused of showing sexual gestures noting that the materials do not suggest what actually the sexual gestures or acts performed by the accused are.
The Court was hearing a Criminal Miscellaneous Case under Section 482 of the Code of Criminal Procedure, 1973, to quash all further proceedings pursuant to FIR and Final Report in Crime case pending on the files of the Judicial First Class.
The bench of Justice A. Badharudeen observed, “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. Therefore, the quashment sought for on the said ground is liable to be allowed.”
Advocate P. Rahul appeared for the Appellant and PP M.P. Prasanth appeared for the Respondent.
Brief Facts-
It is the case of the prosecution that the accused showed sexual gestures which would degrade the dignity of women near Bus Depot, as against prohibition contained in the Kerala Police Act. Accordingly, it was alleged that the accused has committed the offence punishable under Section 119(1)(a) of the Kerala Police Act, 2011.
The Court perused Section 119(1)(a) of the Kerala Police Act, 2011 and noted that it is provided under the act that any person who,— (a) performs, in public places, any sexual gestures or acts degrading the dignity of women, is an offence. Thus, performing of any sexual gestures or acts in public places degrading dignity of women is the essential ingredient to constitute an offence punishable under Section 119(a) of the KP Act.
The Court further noted, “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.”
Accordingly, the Court quashed the proceedings and allowed the Petition.
Cause Title: Arun S v. State of Kerala (Neutral Citation: 2024:KER:49097)