Allowed

Aakash Simon Mohan, v. State of Kerala

Kerala HC17 Oct 2022Crl.MC/2059/2022

Case brief

AI extract

What is this about?

Single Bench allowed a criminal miscellaneous petition to quash proceedings under Section 119(a) of the Kerala Police Act. The court held that the First Information Report did not specify sexual gestures degrading women's dignity, rendering the charge unsustainable following precedent.

What did the court decide?

All further proceedings in C.C.No.802/2021 on the file of the Additional Chief Judicial Magistrate Court, Ernakulam are quashed.

Aakash Simon Mohan, Vs State of Kerala — Writ and Judicial Review | Kerala HC (2022)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH

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MONDAY, THE 17^TH DAY OF OCTOBER 2022 / 25TH ASWINA, 1944

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CRL.MC NO. 2059 OF 2022

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CC 802/2021 ON THE FILE OF THE ADDL.CHIEF JUDL.MAGISTRATE

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COURT, ERNAKULAM

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PETITIONER/ACCUSED:

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AAKASH SIMON MOHAN, AGED 26 YEARS S/O MOHAN LAWRENCE SIMON, 65/1467, VALIYAPARAMBIL HOUSE, CHITTOOR ROAD, ERNAKULAM, PIN – 682018.

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BY ADV HARIKRISHNAN S.

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RESPONDENT/STATE:

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STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULUM, PIN - 682031

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OTHER PRESENT:

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SMT T V NEEMA -SR Public Prosecutor

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 17.10.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.M.C.No.2059 of 2022

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..2..

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ORDER

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This Crl.M.C. has been filed to quash all further proceedings in C.C.No.802/2021 on the file of the Additional

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Chief Judicial Magistrate Court, Ernakulam (for short 'the court below').

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The petitioner is the accused. The offence alleged against him is punishable under Section 119(a) of the Kerala Police Act.

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The prosecution allegation in short is that, on 03.08.2021 at about 9 p.m., the petitioner made obscene gestures having sexual flavour in front of ladies at public road and thereby degraded the dignity of women.

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I have heard Sri.Harikrishnan, the learned counsel for the petitioner and Smt.T.V.Neema, the learned Senior Public Prosecutor.

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The learned counsel for the petitioner, Sri.Harikrishnan submitted that, even if the entire allegations in the FIS together with the materials collected during the

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Crl.M.C.No.2059 of 2022

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investigation are taken at its face value, no offence under

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Section 119(a) of the KP Act is made out.

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Section 119(a) of the KP Act reads as follows:-

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“ 119. Punishment for atrocities against women . – (1) Any person who,—

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(a) performs, in public places, any sexual gestures or acts degrading the dignity of women; or

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(b) xxx (2) xxx”.

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In order to attract Section 119(a) of the KP Act the following ingredients have to be satisfied:-

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(i) Any person must perform any sexual gestures or acts;

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(ii) Such acts or gestures must be degraded the dignity of women;

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(iii) It must be performed in public place.

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In Annexure-A2 FIS, no specific acts or gestures

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done by the petitioner that had sexual flavour degrading the

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dignity of women have been stated. That apart, no witnesses were cited or questioned by the police so as to substantiate its

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Crl.M.C.No.2059 of 2022

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..4..

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case.

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8. A Single Bench of this Court in Arun v. State of

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Kerala [2019 (3) KHC 132] has held that, in the absence of recital in the complaint or the First Information Report as to the specific gesture or act performed by the accused, which according to the prosecution, was degrading to the dignity of women, offence under Section 119(1)(a) of the KP Act would not be attracted. The dictum laid down in the said case squarely applies to the facts of this case. Hence, I am of the view that offence under Section 119(a) of the KP Act is not attracted. Thus, no purpose will be served in proceeding further with the case. Accordingly, all further proceedings in C.C.No.802/2021 on the file of the Additional Chief Judicial Magistrate Court, Ernakulam are hereby quashed.

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The Crl.M.C is allowed.

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Sd/-

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DR.KAUSER EDAPPAGATH, JUDGE

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skj

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Crl.M.C.No.2059 of 2022

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..5..

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APPENDIX OF CRL.MC 2059/2022

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PETITIONER'S ANNEXURES

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Annexure 1 CERTIFIED COPY OF FIR IN CRIME NO. 1034 OF 2021 OF ERNAKULAM NORTH POLICE STATION. Annexure 2 CERTIFIED COPY OF THE FIS IN ANNEXURE1 CRIME Annexure 3 CERTIFIED COPY OF THE FINAL REPORT DATED 28-07-2021

Aakash Simon Mohan, v. State of Kerala

Case brief

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Aakash Simon Mohan, v. State of Kerala

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