Case Note & Summary
The State of Goa, through the Public Prosecutor (Women's Police Station, Panaji), filed an appeal against the judgment and order dated 29/06/2010 passed by the learned Sessions Judge, Panaji, which set aside the order dated 09/12/2009 of the Judicial Magistrate First Class, Panaji, dismissing the application for acquittal under Section 258 of the Criminal Procedure Code (CrPC) filed by the respondent, Ulhas Kadam. The case originated from a complaint of sexual assault under Section 354 of the Indian Penal Code (IPC) lodged by a female victim against her superior, the respondent, who was a public servant working as Registrar of Administrative Tribunal and Cooperative Tribunal. The alleged act of sexual harassment occurred at the workplace. After the complainant's evidence was recorded, the respondent filed an application under Section 258 CrPC seeking stoppage of proceedings on the ground that the alleged act was committed while acting or purporting to act in discharge of his official duty, and thus previous sanction under Section 197 CrPC was necessary. The Magistrate rejected the application, holding that the act did not fall within the ambit of 'official duty'. The respondent challenged this order before the Sessions Court in revision, which allowed the revision and set aside the Magistrate's order, directing that the proceedings be stopped without prejudice to the State's right to seek prior sanction. Aggrieved, the State appealed to the High Court. The High Court considered the sole issue of whether the alleged act of sexual assault by a public servant requires sanction under Section 197 CrPC. The court held that the act of sexual harassment is not an act done or purporting to be done in discharge of official duty, as it has no reasonable connection with the official duties of the accused. Therefore, no prior sanction under Section 197 CrPC is required. The High Court allowed the appeal, set aside the Sessions Judge's order, and restored the Magistrate's order dismissing the application under Section 258 CrPC.
Headnote
A) Criminal Procedure Code - Section 197 CrPC - Sanction for Prosecution of Public Servants - Official Duty - The alleged act of sexual assault by a public servant does not fall within the scope of 'official duty' as it is not an act done or purporting to be done in discharge of official duty. The court held that the act of sexual harassment is not connected with the official duties of the accused and therefore no prior sanction under Section 197 CrPC is required. (Paras 2-3) B) Criminal Procedure Code - Section 258 CrPC - Stoppage of Proceedings - The application under Section 258 CrPC for stoppage of proceedings on the ground of lack of sanction under Section 197 CrPC was rightly rejected by the Magistrate as the alleged act was not in discharge of official duty. The Sessions Judge's order allowing the revision was set aside. (Paras 2-3)
Issue of Consideration
Whether the alleged act of sexual assault by a public servant falls within the ambit of 'official duty' requiring previous sanction under Section 197 of the Criminal Procedure Code, 1973.
Final Decision
The High Court allowed the appeal, set aside the order of the Sessions Judge dated 29/06/2010, and restored the order of the Judicial Magistrate First Class dated 09/12/2009 dismissing the application under Section 258 CrPC.
Law Points
- Section 258 CrPC
- Section 197 CrPC
- official duty
- sexual harassment
- public servant
- sanction for prosecution
