Admittedly, the place of occurrence is the consulting
room of the petitioner at the T.M. Hospital, Chavakkad. It can
never be termed as a public place or near public place.{Para 8}
IN THE HIGH COURT OF KERALA AT ERNAKULAM
CRL.MC NO. 2322 OF 2018
DR.K.K.RAMACHANDRAN Vs SUB INSPECTOR OF POLICE VADANAPPALLY POLICE STATION,
PRESENT
DR. JUSTICE KAUSER EDAPPAGATH
Dated: 20th day of December, 2022
This Crl.M.C has been filed to quash all further proceedings
in C.C.No.2255/2017 on the file of the Judicial First Class
Magistrate Court, Chavakkad (for short 'the court below').
2. The petitioner is the accused. The 2nd respondent is
the defacto complainant. The offences alleged are punishable
under Sections 294(b) and 354 A of IPC.
3. The petitioner is a Paediatrician practicing at T.M.
Hospital, Chavakkad. The child of the 2nd respondent was a
patient of the petitioner. The alleged incident was taken place on
7.6.2017 at about 6 pm at the hospital when the 2nd respondent
brought her child to the petitioner for treatment. It is alleged
that, while treating the child, the petitioner misbehaved with the
2nd respondent by showing obscene action with his finger and
uttering obscene words against her.
4. I have heard Sri. Navneeth N. Nath, the learned
counsel for the petitioner and Sri. Sangeetha Raj, the learned
Public Prosecutor. Even though notice has been served to the 2nd
respondent, there is no appearance.
5. The learned counsel for the petitioner submitted that
even if the entire allegations in the FIS together with the
materials collected during investigation are believed in its
entirety, no offence under Section 294(b) and 354 A of IPC are
attracted.
6. A reading of the FIS would show that the circumcision
of the son of the 2nd respondent was done at T.M. Hospital on
2.6.2017 by one Dr. Mahin. Since the child developed bleeding
from his penis, the 2nd respondent took the child to the hospital
on 7.6.2017 at 6 pm. The case of the 2nd respondent is that, the
petitioner attended the child at his consulting room and during
examination, when the child passed urine, the petitioner got
angry and showered abusive words against her which according
to her outraged her modesty.
7. In order to attract Section 294(b) of IPC, the
following two ingredients are to be satisfied. (i) The offender
has sung, recited or uttered any obscene song or word in or near
any public place and (ii) has so caused annoyance to others. If
the act is not obscene, or is not done in any public place, or the
song recited or uttered is not in or near any public place or that it
caused no annoyance to others, no offence is committed.
8. Admittedly, the place of occurrence is the consulting
room of the petitioner at the T.M. Hospital, Chavakkad. It can
never be termed as a public place or near public place. That
apart, in order to satisfy the definition of obscenity to attract
Section 294(b) of IPC, the words uttered must be capable of
arousing sexually impure thoughts in the minds of its hearers.
[See Sangeetha Lakshmana v. State of Kerala (2008 (2) KLT
745)]. There is no case for the prosecution that the words
allegedly uttered by the petitioner aroused sexually impure
thoughts in the minds of the hearers. In these circumstances, I
am of the view that the basic ingredients of Section 294(b) of
IPC are not attracted.
9. Section 354A of IPC deals with sexual harassment and
punishment for sexual harassment. It reads as follows:
“354A. Sexual harassment and punishment for
sexual harassment(1) A man committing any of the
following acts--
(i) physical contact and advances involving unwelcome and
explicit sexual overtures; or
(ii) a demand or request for sexual favours; or
(iii) showing pornography against the will of a woman; or
(iv) making sexually coloured remarks,
shall be guilty of the offence of sexual harassment.”
A reading of the FIS would show that none of the above
ingredients are attracted. Hence, no purpose will be served in
proceeding further against the petitioner. Accordingly, all further
proceedings in C.C.No.2255/2017 on the file of the court below is
hereby quashed. Crl.M.C is allowed.
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