6 months ago
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In a partial alleviation to Janata Dal(S) person and erstwhile Minister H.D. Revanna, the High Court of Karnataka has quashed the allegation of “outraging the modesty of woman” made against him nether Section 354 of the Indian Penal Code (IPC) successful the chargesheet.
However, the tribunal retained the allegation of intersexual harassment, made nether Section 354A of the IPC, arsenic alleged successful the ailment lodged by a 47-year-old woman, who was moving astatine his location successful Holenarasipur successful Hassan district.
‘Re-examine case’
The tribunal besides directed the peculiar tribunal of magistrate for transgression cases against contiguous and erstwhile MPs and MLAs to re-examine whether it was a acceptable lawsuit to instrumentality cognisance of the alleged offence nether Section 354A of the IPC by condoning the hold of much than 3 years, from the dates of alleged offences, successful lodging the complaint.
Justice M.I. Arun passed the bid connected November 19 portion partially allowing the petition filed by Mr. Revanna, who had questioned the registration of the archetypal accusation study (FIR) registered against him connected April 28, 2024 based connected a ailment lodged by the erstwhile maid.
It was stated successful the ailment that she had near the location of Mr. Revanna 4 years anterior to lodging the ailment owed to repeated harassment by Mr. Revanna and his son, Prajwal.
The tribunal noted that the mentation of the complainant was somewhat varied and incorporated successful the constabulary study from what she had fixed earlier successful her complaint, and this quality successful connection had attracted Section 354 of IPC against Mr. Revanna successful the chargesheet.
“Perusal of the constabulary study on with the materials produced reveals that the petitioner [Mr. Revanna] is chiefly charged connected the allegations made by the complainant and not from immoderate autarkic witnesses. Under the fixed peculiar facts and circumstances of the case, I americium of the sentiment that the petitioner is required to beryllium charged with the offences made retired arsenic per the mentation successful the ailment alternatively than the complaint laid retired against the petitioner successful the constabulary report. The allegation successful the ailment against the petitioner attracts the proviso of 354A of IPC and not Section 354 of IPC,” the tribunal observed successful its order.
Limitation not considered
The High Court noted that the peculiar tribunal had not considered the regulation of 3 years portion taking cognisance of bureau of intersexual harassment arsenic the cognisance was taken on with the offence of outraging modesty of pistillate to which regulation of 3 years was not attracted nether Section 468 of the Code of Criminal Procedure (Cr. PC) arsenic it attracted punishment of much than 3 years, whereas regulation of 3 years applied to offences carrying punishment of up to 3 years.
While remanding the substance to the peculiar tribunal to analyse whether cognisance of offence of intersexual harassment could beryllium taken against Mr. Revanna by condoning the delay, nether Section 473 of the Cr. PC, successful lodging the complaint.
