Kerala High Court Dismisses FIR Against CUSAT Teacher Accused of Sexual Harassment
The Kerala High Court has quashed an FIR against a teacher at the Cochin University of Science and Technology (CUSAT) accused of sexually harassing a law student during a cultural event. Justice A. Badharudeen ruled that the physical contact between the teacher and the student occurred when he was preventing her and another student from approaching the stage, and that this contact did not constitute sexual harassment.
The Court emphasized that the teacher’s actions were not indicative of any intention to outrage the modesty of the student. “It could not be held, prima facie, that the petitioner had any intention to harass her sexually,” the ruling stated, asserting that the contact was part of the teacher’s role in enforcing event rules.
The case arose from an incident at CUSAT’s youth festival, ‘Sargam,’ where the student alleged that the teacher had grabbed her breast twice after she attempted to go to the stage to retrieve a lamp. She also claimed that he threatened her with repercussions on her studies if she reported the incident. Following her complaint, an FIR was registered against the teacher under various sections of the Indian Penal Code, including those related to sexual harassment and criminal intimidation.
In his defense, the teacher argued that he was acting under directives from the Vice Chancellor to maintain order at the event, which had a history of safety issues. He contended that the allegations were politically motivated and pointed out that the complaint was filed months after the incident, which he claimed indicated that the allegations were an afterthought.
After reviewing the evidence and the context of the case, the Court found the delay in lodging a complaint with university authorities significant, suggesting that it undermined the credibility of the allegations. The ruling concluded that the nature of the physical contact described did not imply sexual intent.
While dismissing the FIR, the Court ordered that the teacher must not retaliate against the student or impede her studies. He is to allow her to pursue her BA LLB course without any hindrance, ensuring her safety from potential retaliatory actions.
The teacher was represented by advocates Salim VS, AM Fousi, AB Ajin, and H Nujumudeen, while advocate Asif MA represented the law student. Public Prosecutor MP Prasanth appeared for the State.
(With inputs from agency)
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