Sexual assault case does not stand if victim wearing provocative dress, says Kerala Court

The court additionally stated that the images submitted by the accused would demonstrate that the complainant herself is exposing outfits which have some sexually suggestive ones, in its ruling that Section 354 A (sexual harassment) will not prima facie stand against the accused.

Kozhikode: In a shocking statement, Kozhikode Sessions Court said that when the woman was wearing a "sexually provocative dress," an offense under Section 354 A of the Indian Penal Code would not initially hold up while giving bail to activist Civic Chandran in a sexual harassment case.

The court further observed that even if there was physical contact, it is inconceivable to think that a 74-year-old man with physical limitations could forcibly put the de facto complainant in his lap.

The court additionally stated that the images submitted by the accused would demonstrate that the complainant herself is 'exposing outfits' which have some sexually suggestive ones, in its ruling that Section 354 A (sexual harassment) will not prima facie stand against the accused.

The contentious decision was made by Judge S Krishnakumar of the Kozhikode District Sessions Court. The judge said that there needed to be adequate proof that a woman's honor and dignity had been damaged in order to file a complaint.

The observations were made in response to the prosecution's claim that the accused and others organized a camp at Nandi Beach near Koyilani in February 2020. According to the prosecution, the accused grabbed the complainant's hands as the participants turned around and dragged her off to a desolate location. In order to press her breast, he allegedly urged her to sit on his lap.

Additionally, the complainant requested that the case be handled in accordance with Sections 354A (2), 341, and 354 of the Indian Penal Code.

The public prosecutor had objected to the accused person being given bail. The prosecution made the claim that the accused had previously been the subject of a similar sexual harassment case. In that earlier case involving an alleged attempt to molest a Dalit lady, Chandran had been given anticipatory bail. Chandran was given anticipatory bail in the second case on August 12. (With agency inputs)