LAWS(BOM)-2004-4-51

STATE OF MAHARASHTRA Vs. SATYENDRA DAYAL

Decided On April 19, 2004
STATE OF MAHARASHTRA Appellant
V/S
SATYENDRA DAYAL KHARE Respondents

JUDGEMENT

(1.) THIS is an appeal by the state from the judgment and order dated 27th February 1997, passed by the Learned metropolitan Magistrate 22nd (sic) Court, andheri, Bombay, acquitting the accused satyendra Dayal Khare, of offences punishable under Sections 341, 342 and 354, IPC, on the allegation that on 21 -3-1992 between 6 to 7. 30 p. m. , the accused outraged the modesty of the complainant P. W. 1 Rajyashri wagharay, in his office at Sahar Airport, mumbai.

(2.) BRIEFLY, the case of the prosecution is that the complainant, a probationer of the indian Customs and Central Excise Service, Group A, was undergoing training while attached to the Bombay Custom House. As part of her training she was required to write a detailed assignment on the topic baggage rules, problems in interpretation, cases of violations, and suggestions for improvement, and for the said purpose she was stationed at the Sahar Airport Collectorate.

(3.) SINCE the complainant had completed her training she wanted to say her goodbyes. Accordingly on 21-3-92 at about 3. 05 p. m. , the complainant went to the office of the collector of Customs, Sahar Airport and met mr. Khare who showed concern about her training and enquired about her assignment and also about her choice of posting and other such matters. Mr. Khare particularly enquired about the complainant's awareness of 'revenue Drive' for the month of March1992 and asked her whether she had included this in her assignment. Mr. Khare told the complainant that he was going to his office at the Sahar Aircargo complex and asked her to accompany him to learn about the Revenue Drive. The complainant expressed her inability to accompany the respondent as she had to meet the Additional collector Mr. Rajendra Prasad and other of-ficers to thank them for their help during her assignment and to clear up some doudts about certain cases since it was her last day of work at Sahar Airport. Just then Rajendra prasad entered the office and Mr. Khare told rajendra Prasad that the complainant was on her way to see him. Rajendra Prasad asked the complainant to wait in his Office. Accordingly the complainant left and waited in the office of Rajendra Prasad. Within a short while Rajendra Prasad came in. After some discussion on the queries and clarifications sought by the complainant, Rajendra prasad told the complainant that the respondent had asked him to arrange for a vehicle to take her to Air Cargo Complex. The complainant accordingly went to the Air cargo Complex in the car provided by rajendra Prasad and met the respondent Mr. Khare, in his office at the Cargo Complex. There were some other officers with the respondent. They were discussing some departmental matters. After some time the respondent offered to show the complainant the cargo complex. The complainant informed him that she and other probationers had already been to the Air Cargo Complex earlier with Mr. Udaynarayan, one of the officers, who had explained the working of the complex. Soon after the meeting broke up all of them got up to leave. On the way out in the corridor the complainant requested Mr. Khare that she may be permitted to leave. It was about 5. 30 p. m. , but Mr. Khare told the complainant that he wanted to show her some files at his Sahar Airport office and insisted that she accompany him there to learn about the 'revenue Drive'. Accordingly the complainant accompanied the respondent in his official car to Sahar airport office.