The Karnataka High Court has delivered a significant ruling clarifying that staring at a woman or looking at her inappropriately does not automatically amount to sexual harassment or a request for sexual favours. The court emphasized that criminal proceedings under Section 75(1)(ii) of the Bharatiya Nyaya Sanhita cannot be sustained solely on the ground that an accused person cast an improper gaze at a complainant.
Justice Suraj Govindaraj, presiding over the bench, ordered the quashing of criminal proceedings initiated against the petitioner. The decision came after the court observed that the female complainant had retracted the majority of the serious allegations she had initially leveled during the course of police investigation, narrowing her stance down to merely being looked at inappropriately.
According to the case records, the woman initially alleged that during a visit to the residence of the accused over a financial dispute, he demanded sexual favours and offered money and other benefits in return. She had further claimed that the accused issued threats of physical harm when financial matters were raised. However, in her subsequent statement recorded during the police investigation, the woman contradicted these claims and stated that she was only looked at improperly.
Despite the retraction, the police proceeded to file a chargesheet invoking Section 75(1)(ii) along with Section 351(2) of the Bharatiya Nyaya Sanhita for criminal intimidation. Seeking relief from the ongoing legal proceedings, the accused approached the High Court to have the case dismissed.
While allowing the petition on November 2, the bench noted that the subsequent statement by the complainant effectively negated the essential ingredients of the alleged offences. The court observed that no additional material was available on record to substantiate the accusations of demanding sexual favours or issuing criminal intimidation, rendering the continuation of proceedings unjustified.
