Kozhikode: Kerala Court on Wednesday observed that Section 354 A of the Indian Penal Code (sexual harassment) will not prima facie stand if a woman was wearing a “sexually provocative” dress. The order was issued by Kozhikode Sessions Court while granting bail to 74-year-old social activist Civic Chandran in sexual harassment case on August 12.Also Read – 90 Kerala Medical Students Studying in China Seek NMC’s Favorable Response
The court order read, “The photographs produced along with the bail application by the accused would reveal that the de facto complainant herself is wearing a dress which is sexually provocative. So Section 354A will not prima facie stand against the accused. Even admitting that there was physical contact it is impossible to believe that a man aged 74 and physically disabled can forcefully put the de facto complainant in his lap.” Also Read – Explained | Why Is Supreme Court Stressing On A Separate Bail Law?
The court was hearing a February 8, 2020 case where the accused along with the complainant and some other people were camping at Nandi Beach. The accused had allegedly caught the hands of the complainant and forcefully took her to a lonely place. He then allegedly asked the complainant to sit on his lap. After that, he tried to outrage her modesty. Also Read – Jharkhand: Khunti SDM Sent To Jail For Sexually Harassing IIT-Indore Student
The Koyilandy police registered the case for offenses under Sections 354A(2), 341 and 354 of IPC.
The defense said that it was a cooked-up case. The alleged incident happened in February 2020 case while the case was registered on July 29, 2022
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