Metropolitan Magistrate Ekta Gauba has charged a Sub-Inspector posted in the office of DCP (West) with outrgaing the modesty of a woman ASI in 2010, holding that a prima facie case is made against out against him.
"From the allegations, offence under section 509 IPC (word, gesture or act intended to insult the modesty of a woman) is prima facie made out as accused has shown obscene film to the complainant.
"In view of the fact that he has used criminal force with intention to outrage the modesty of the complainant by touching indecently the body of the complainant as well as kissing her, the offence under section 354 IPC (assault or criminal force to a woman with intent to outrage her modesty) is prima facie made out," the MM said.
The court rejected the accused's contention that he had been implicated in the case by the complainant as he has complained against her for not reporting on duty on time.
"Sexual harassment of working women amounts to violation of rights of gender equality and right to life and liberty and also as a logical consequence amounts to violation of right to practice any profession, occupation or trade," the court said relying on a Supreme Court judgement.
"In the present case, sexual harassment of women at work place has been alleged by the complainant being a junior police officer and subordinate to the accused who is also a senior police officer," the court noted.
The incident dates back to August 1, 2010. The victim has in her complaint said that on the said date, she was posted on Sunday duty in DCP (West) office and entrusted with feeding the mobile numbers of police personnel deployed in Commonwealth Games related work.
She said she reported for work at 10 am. The accused, who was the incharge of the HAX branch, came to her at about 12 pm on the pretext of showing that his mobile phone has internet facility but started showing her a blue film.
The accused forced her to watch the film even as she objected to the same and tried to touch her in an objectionable manner.
The complainant said she left her seat and the accused told her to report to him in the evening on the pretext of official work.
The complainant ASI said that when she went up to him, the accused started kissing her and told her that he loved her.
The ASI narrated the incident to his husband and also made a complaint to the DCP West the next day.