'Sexual Gestures' Of Accused Must Be Discernible From FIR, Final Report Or Other Material: Kerala High Court

The Kerala High Court has quashed the proceedings initiated against a man for allegedly making 'sexual gestures' degrading women's dignity, since disclosure of sexual gestures or acts was not discernible from the FIR, Final Report or other materials. It said, “If the sexual gestures or acts performed by the accused could not be discernible from the FIR, Final Report or other materials, mere assumption of the Detecting Officer as well as the Investigating Officer that the accused performed or showed sexual gestures or acts degrading the dignity of women, keeping the gestures or acts in his mind in secrecy, would not suffice to constitute an offence under Section 119 of the KP Act.” As per Section 119, any person who performs any act or sexual gestures in a public place with intent to degrade women's dignity is punishable by imprisonment which may extend to three years or with a fine not exceeding ten thousand rupees or with both. In his quashing plea, the petitioner contended that no overt acts in the form of sexual gestures alleged to have been done by him were disclosed in the final report or in the FIR. It stated that proceedings cannot continue against the petitioner based on the assumptions of the investigating officer that the man allegedly showed sexual gestures, without it being discernible from the materials.