The Kerala High Court recently refused to quash criminal trial proceedings against the managing director of a company booked for seeking sexual favours from a woman employee after an official meeting [XXXX v State of Kerala & anr].
Justice A Badharudeen found that there was prima facie case made out to warrant a criminal trial against the accused on charges of human trafficking and sexual harassment.
The Court was dealing with a plea by the managing director (accused) of M/s Mathew Associates Consultants Pvt. Ltd., Ernakulam, who was accused of sexually harassing the company's general manager in 2019.
The complainant-employee said that she had met the accused in Chennai for an official meeting in May 2019.
She added that she had requested for a flight ticket to be booked on the same day so that she could leave for Mumbai to attend another meeting scheduled later in the day.
However, she claimed that the accused instead arranged for her to stay overnight at a hotel room and allegedly demanded sexual favours. The complainant said that the accused attempted to coerce her into sharing the hotel room and bed.
Following these allegations, the Ernakulam North Police registered a case against the accused under Sections 354A(1)(ii) (sexual harassment) and 370(1)(b) (trafficking) of the Indian Penal Code (IPC).
The accused denied the allegations and filed a discharge petition, which was dismissed by both the assistant sessions judge and the sessions judge.
He then approached the High Court, seeking to quash the criminal proceedings.
The counsel for the accused argued that none of the alleged offences were made out in this case. He submitted that the complainant’s presence in Chennai for official business negated any claim of trafficking.
However, the prosecution maintained that the allegations were serious and required trial as the accused deliberately kept the complainant in Chennai against her will and used his position of power to demand sexual favours.
Therefore, it rejected the accused man's arguments and dismissed his plea.
"The prosecution records would show that the accused herein brought the defacto complainant to Chennai for an official meeting and ensured her presence during the night on 31.05.2019 by not booking flight ticket for her to leave to Mumbai on 31.05.2019 ignoring her specific instruction that she should be given flight ticket to leave to Mumbai on 31.05.2019 and thereafter, after securing her presence during night at the hotel room, he demanded sexual favour. If so, it could be held that offences under Section 370(1)(b) and 354A(1)(ii) of IPC are made out in the present case prima facie warranting trial of the accused for the said offences," the Court observed while dismissing the petition.
The accused was represented by advocate Roshin Ipe Joseph.
Senior Public Prosecutor Renjit George appeared for the State.
[Read Order]