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Criminal case for kissing a girl

Shivendra Pratap Singh

Advocate

07/05/2021/ 8:31:30 PM

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Father of a girl has filed a criminal case against me for kissing her. Now the complainant wants to compromise with an apology. Ninety days have completed but the investing officer did file a charge sheet. How much time does the investigating officer take to close this case. Sir, whether the court or police officer will close my case? I want to close this case as early as possible because I’m mentally disturbed. What is the process to close this case earlier? Can I quash this case?

Question from: Telangana

Kissing is an act of sexual harassment u/s 354-A IPC

This is an offence punishable under Section 354-A of the Indian Penal Code (IPC). You have committed an offence of sexual harassment. Physical contact with sexual overture is an act of sexual harassment. This is a grave invasion of personal liberty. 

You have intentionally touched another person with sexual overture. Touching a body of a woman with advancement of sexual overture constitutes offence of sexual harassment. The mens rea (criminal intention) of the offence is the intention to touch. Your conduct is sexual per se.

The victim (girl) would have given her statement under Section 164 of the code of criminal procedure (crpc). That statement is a relevant piece of evidence and it is sufficient to hold you guilty if it gets corroboration from some independent evidence. The investigation officer also recorded her statement. Hence, prosecution has sufficient evidence to prove that you have kissed her. 

Sexual harassment (Section 354-A) is a non-compoundable offence

Sexual harassment is a non-compoundable offence hence, compromise is not possible. The court will not grant permission to compromise this case. Statement of victims is a very strong evidence in sexual harassment case. Therefore, your conviction is apparent in the criminal case of kissing a girl. 

You have been on bail hence, the mandatory time period for filing of charge sheet will not apply in your case. The investigating officer will submit the charge sheet after its completion. There is no time period for submission of a charge sheet if the accused is being on bail.    

Neither the police nor the court will close this case. The court will acquit you only if prosecution fails to prove your guilt beyond reasonable doubt. If the victim becomes hostile in the trial or does not produce cogent or sufficient evidence of kissing then you can get benefit of doubt. 

Quashing of sexual harassment case

You are an accused in a criminal case for kissing a girl without her consent. The statement of the victim is itself sufficient to lodge the First Information Report (FIR). The prosecution also gets the statement of victim under section 164 crpc immediately after lodging the FIR. Hence, there is sufficient material on the record to show that you have committed the said offence. 

In this situation, the High Court will not quash this case under section 482 of the crpc. If the High Court finds that there is a prima facie case made out against the accused then it will not quash the criminal proceeding. The Supreme Court has given seven guidelines for quashing criminal cases. 

Your case does not fall in any of those guidelines hence, you will get no relief from the High Court. Don’t waste time in seeking quashing of this criminal case of kissing.

shivendra pratap singh advocate

Shivendra Pratap Singh

Advocate

Practising lawyer in the High Court Lucknow. You can consult on Criminal, Civil, Matrimonial, Writ, Service matters, Property, Revenue and RERA related issues.

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