Court of XXXII Additional Chief Metropolitan Magistrate, Bengaluru: Padmakar Vanakudre, XXXII Addl. CMM, in a case wherein a woman, alleged that she was sexually harassed on the promise to marry, Court found that she was in habit of filing multiple complaints alleging commission of similar offences which is not just a coincidence.
Factual Background
As per the allegations, the Father of the accused had contacted the complainant over the phone and spoke regarding the marriage of his son. The accused met the complainant and said that he would marry the complainant. Thereafter, the accused took the complainant for watching a movie and while during that, the accused forcible touched the private parts of the complainant, hugged and kissed her.
After a few days, the accused sent a message stating, “we cannot proceed” and denied marrying the complainant.
Hence, the accused submitted that she was sexually harassed on promise to marry her and thereby the accused committed an offence punishable under Sections 354-A, 509 and 417 of the Penal Code, 1860.
Analysis and Decision
Court noted that, while stating that the alleged offence occurred in Inox Theater, PW.2 could not state the number of people present in the theatre. Further investigating officer could not produce any material like a movie ticket, etc. to show that the complainant and accused had been to the theatre where the office was alleged and occurred.
Adding to the above, the newspaper in which the advertisement in the matrimonial column was published and seeing which the father of the accused contacted the complainant was also not produced.
Another significant point that created serious doubt in the case of the prosecution was that the incident occurred on 22-6-2019 and the complaint was lodged on 2-7-2019, which created serious doubt in the case of the prosecution.
In the instant case, the complainant did not depose regarding the offence of cheating, and it was not her case that the accused intruded upon her privacy and subjected her to sexual harassment by making a false promise to marry her.
Bench found the accused successfully established that the complainant was in habit of filing similar complaints and the fact that she had made four other complaints making the allegation regarding outrage of modesty, sexual harassment, cheating and rape makes it clear that the accused was not guilty.[State v. Iyer Ramanathan K., CC No. 24888 of 2019, decided on 12-1-2022]
