NAGRAJ M. C. Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioners - accused Nos.1 and 2, who are sought to be prosecuted for the offences punishable under Ss. 354 , 506 read with Sec. 34 of IPC, are before this Court.

(2.) The case of the prosecution is that, the accused Nos.1 and 2 are the employees of the Bharath Heavy Electricals Limited - company, and the accused, on various occasions, have sexually harassed the defacto complainant. On 7/2/2020, when the defacto complainant, after completing her work, was proceeding towards her house, the accused followed her stating that, she is a widow, and since there is a holiday tomorrow to cooperate them, failing which, she would face the consequences. The cognizance taken of the aforesaid offences is impugned in this petition.

(3.) Sri Sandesh J Chouta, learned Senior Counsel for the petitioners would submit that, the essential elements to constitute the offences under Sec. 354(d) and 506 of IPC are conspicuously absent. Hence, in the absence of the same, the cognizance taken of the aforesaid offences is impermissible.