P.K. BABY Vs. STATE OF KERALA

JUDGEMENT

(1.) The sole accused in Crime No.675 of 2024 of Kalamassery Police Station, Ernakulam, has filed this Criminal Miscellaneous Case under Sec. 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 ('BNSS' for short) to quash the said FIR.

(2.) Heard the learned counsel for the petitioner, the learned counsel for the defacto complainant and the learned Public Prosecutor, in detail. Perused the petition averments and the relevant documents including the contentions raised by the 2nd respondent/defacto complainant in the counter affidavit filed.

(3.) The case of prosecution is that during the University Youth Festival, by name, 'Sargam", conducted at Cochin University of Science and Technology ('CUSAT' for short) Auditorium, when the defacto complainant, who was given charge of Stage Convenor, after the programme ended at 9 p.m on 1/3/2024, attempted to go towards the stage along with one Sharan to take an oil lamp, the accused, who is a teacher of CUSAT, Director of Youth Welfare Board and member of Syndicate of CUSAT, directed the defacto complainant to go outside and when she apprised the purpose, the accused became angry and forcefully caught hold of her left breast. Then, even though she warned him not to touch her body, he caught hold of her breast twice and then Sharan reached nearby. According to the defacto complainant, she had become mentally depressed because of this occurrence, apart from feeling ashamed of the same. The further allegation is that later the accused threatened her not to disclose the occurrence before the police and if she would opt so, she could not continue her studies and the same would be stopped. This is the base on which the prosecution alleged commission of offences punishable under Ss. 354, 354A(1) and 506 of the Indian Penal Code ('IPC' for short), by the accused.