Kerala court grants bail to Civic Chandran, says sexual assault won't stand when woman wears sexually provocative dress

Thiruvananthapuram: Kozhikode Sessions Court on Wednesday observed that sexual harassment will not prima facie stand when the woman (complainant) was wearing "sexually provocative dress", as it granted bail to author and social activist Civic Chandran in a sexual harassment case.

Chandran had also produced the photographs of the woman with the bail application.

The court said as per the photographs furnished by the accused reveal that the complainant herself was exposing to dresses which are having some sexual provocation. "So Section 354A will not prima facie stand against the accused," the judicial body added.

The court also expressed disbelief that the 74-year-old physically disabled accused could forcefully put the complainant in his lap and press her breasts.

The Sessions Court further observed that from the wordings of Section 354 it is clear that there must be an intention on the part of the accused for outraging the modesty of a woman. Section 354A deals with sexual harassment and its punishments.

It further said that in order to attract Section 354A, there must be physical contact and advances including unwelcome and explicit sexual overtures, and there must be sexually coloured remarks or demands or requests for sexual favours.

Producing the bail application before the court, counsel appearing for the accused, Advocates P.V. Hari and Sushama M, called the matter "false" case that has been fabricated against the accused by some of his enemies to seek vengeance.

It further stated that the case was registered almost six months after the alleged incident and sought explanation from the prosecution.

The lawyers further handed over the photographs that was posted by the complainant on her social media account and said that she was accompanied by her boyfriend to the place of occurrence and that there were a number of people present at the time of the alleged incident and no one raised such a complaint against the accused.

Meanwhile, the prosecution alleged that the accused made sexual advances toward the complainant who is a young female writer and tried to outrage her modesty in a camp at Nandi beach in February 2020. A case was registered by Koyilandi police under Sections 354A(2), 341 and 354 of the Indian Penal Code.

With inputs from LiveLaw

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