An additional judicial magistrate court in Ernakulam, Kerala recently awarded a three-year jail term to a man who was found guilty of placing over 300 phone calls within a span of 48 hours to harass a lady police officer with lewd comments.
The calls were made from the man’s personal mobile number to the official landline of a Vanitha police station (an all-women police station).
On July 27, 2023, Additional Chief Judicial Magistrate Sajiji BS found the accused, identified as Jose from Thiruvananthapuram, as culpable of sexual harassment under Section 354A(1)(ii) (involving a demand or request for sexual favors) of the Indian Penal Code (IPC) and Section 120(o) (pertaining to penalties for causing nuisance and disrupting public order) of the Kerala Police Act.
“The actions of the accused not only caused discomfort, mental distress, and disapproval to the prosecutrix and other staff members of the police station but also adversely affected their public duty to answer phone calls which could be of an urgent nature and might involve information and grievances from the general public that necessitate swift action. Therefore, the actions of the accused not only impacted PW1 but also indirectly affected the general public,” the order stated.
However, since there was no physical contact between the accused and the harassed police officer, the judge acquitted him of the offense under Section 354A(1)(i) (physical contact and advances involving unwelcome and explicit sexual advances). The court also determined that the accused could not be held liable for stalking under Section 354D(1)(i) of the IPC (which pertains to pursuing a woman and repeatedly attempting to engage in personal interaction despite clear indications of disinterest by the woman).
According to the lady police officer’s testimony, the accused dialed the police station and made lewd and sexually suggestive comments when she answered the call. Feeling uneasy, the police officer reportedly ended the call, only for the accused to persistently make numerous phone calls from July 10, 2019, to July 11, 2019. Whoever answered the phone had to endure the offensive remarks, as per the prosecution’s assertions.
Ultimately, the police officers had to set the phone receiver aside to put a stop to the incessant calls. The Court was also apprised of Jose’s history of causing such disturbances in multiple police stations. A complaint was registered on July 11, 2019, leading to Jose’s apprehension.
The Court opined that Jose warranted no clemency due to his recurrent engagement in such offenses against women. Consequently, he was sentenced to three years of rigorous imprisonment, in addition to a fine of ₹10,000 for the offense of sexual harassment. Furthermore, he received a one-year simple imprisonment sentence for causing a nuisance, coupled with a ₹5,000 fine.
The judge specified that both sentences would run concurrently.
