Sexual Harassment Complaint Will Not Prima Facie Stand When Woman Was Wearing Sexually Provocative Clothes : Kerala Court In Bail Order

While granting anticipatory bail to creator and social activist Civic Chandran in a sexual harassment case, a Kerala Court located that the offence underneath Section 354A of the Indian Penal Code is not prima facie attracted when the female used to be carrying ‘sexually provocative dresses’.

The 74-year-old accused had produced the pics of the lady along with the bail application.

The Court also expressed disbelief that the 74-year-old bodily disabled accused should forcefully put the defacto complainant in his lap and press her breasts.

The Court discovered that it is a well-settled principle that when there is a lengthy lengthen in lodging an FIR, then the purpose for the lengthen must be excellent explained. Here, the FIR used to be lodged two years after the alleged date of crime.

The prosecution alleged that the accused made sexual advances toward the de facto complainant who is a young lady writer and tried to outrage her modesty in a camp convened at Nandi beach in February 2020. The Koyilandi police have registered a case in opposition to the accused for offences below Sections 354A(2), 341 and 354 of the Indian Penal Code.

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