The Madras High Court on Tuesday declined to suspend a three-year prison term imposed on former Tamil Nadu special DGP Rajesh Das in a sexual harassment case, despite noting the steep increase in offences against women, girls, and girl children.
The Judge
Dismissing the criminal miscellaneous petitions, Justice M Dhandapani also declined to exempt Das from surrendering before the trial court. Das received a conviction and three years’ rigorous imprisonment from a Villupuram local court for allegedly sexually harassing a woman IPS officer in 2021.
Revision Petition
Originally, Das filed a criminal revision petition, challenging the order of the Principal District and Sessions Court, Villupuram, whereby the conviction and sentence imposed on him by the Chief Judicial Magistrate, Villupuram dated June 16, 2023 were confirmed. During the pendency of this petition, he filed the present criminal miscellaneous petitions.
The judge emphasized that in cases involving outraging the modesty of women or indecent behavior with them, the courts should be very cautious and deliberate while granting suspension of sentence to the accused, who have been found guilty through concurrent judgments of courts below.
In the present case, the judge noted that it involves a person who held a high office in the police force, specifically the post of Director General of Police (Law & Order). The judge underscored the importance of maintaining discipline and integrity, particularly among those holding significant positions in the police force.
The court observed that Das, being higher in the hierarchy in the police department, was alleged to have behaved indecently with his subordinate, including intimidating the woman from filing a complaint against him.
Despite arguments pointing out inconsistencies and infirmities in the evidence, the judge concluded that they did not undermine the core of the case to warrant the suspension of sentence at this stage.
The judge highlighted the importance of considering the evidence of the victim in such cases and noted that when the courts below have deemed the evidence believable and trustworthy, it would not be justifiable for the court to reassess the evidence during the suspension of sentence proceedings.
Therefore, the court declined to grant the suspension of sentence sought by Das. Additionally, the petition seeking exemption from surrendering before the trial court was also dismissed. However, the petitioner was granted liberty to surrender before a lower court and apply for regular bail, with the directive for the trial court to consider it promptly and pass appropriate orders in accordance with the law.
