IMPORTANT POINT
Intent is crucial in establishing sexual assault; mere physical contact in a disciplinary context does not constitute an offence under IPC.

ORDER :

1. The sole accused in Crime No. 675 of 2024 of Kalamassery Police Station, Ernakulam, has filed this Criminal Miscellaneous Case under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (‘BNSS’ for short) to quash the said FIR.

2. Heard the learned counsel for the petitioner, the learned counsel for the defacto complainant and the learned Public Prosecutor, in detail. Perused the petition averments and the relevant documents including the contentions raised by the 2nd respondent/defacto complainant in the counter affidavit filed.

3. The case of prosecution is that during the University Youth Festival, by name ‘Sargam’ conducted at Cochin University of Science and Technology (‘CUSAT’ for short) Auditorium, when the defacto complainant, who was given charge of Stage Convenor, after the programme ended at 9 p.m. on 01.03.2024, attempted to go towards the stage along with one Sharan to take an oil lamp, the accused, who is a teacher of CUSAT, Director of Youth Welfare Board and member of Syndicate of CUSAT, directed the defacto complainant to go outside and when she apprised the purpose, the accused became angry and forcefully caught hold of her left breast. Then, even though she warned him not to touch her body, he caught hold of her breast twice and then Sharan reached nearby. According to the defacto complainant, she had become mentally depressed because of this occurrence, apart from feeling ashamed of the same. The further allegation is that later the accused threatened her not to disclose the occurrence before the police and if she would opt so, she could not continue her studies and the same would be stopped. This is the base on which the prosecution alleged commission of offences punishable under Sections 354, 354A(1) and 506 of the Indian Penal Code (‘IPC’ for short), by the accused.

4. While seeking quashment of the proceedings, the learned counsel for the petitioner pointed out that there is 127 days of delay in lodging the FIR and the FIR is an afterthought. He also would submit that ingredients to attract the offences are not at all made out from the prosecution allegations, prima facie. It is also submitted that in the light of the stampede that happened during an annual tech festival held on November 25, 2023, whereby four persons were killed and 60 others injured, the Government issued comprehensive directives vide Circular No. G1/200/2023-HEDN, dated 06.12.2023 for conducting fests and celebrations across colleges and University campuses in the State. Following the directives issued by the Government, the Syndicate of CUSAT, approved the guidelines for conducting programmes in the University Campus submitted by the petitioner and Annexure-4 order was issued accordingly by the Registrar. As per the order, all campus events, including union activities, must obtain prior permission from the institution head which includes programme details, guests attending, source of funds etc. and a discipline committee should monitor and supervise the celebrations in college. Clause 14 of Annexure-4 Order is as follows:

“All programmes including Youth Festival, Tech Fest, Talent Time and other such events should be conducted in the presence and under the supervision of teachers. All the programmes are to be restricted up to 9 pm and the organizing committee should give the list of judges and guest in advance. The results of stage events shall be declared by the judges immediately after the events. All results shall be prepared by the committee consisting of Teachers and Administrative staff.”

5. It is submitted that this year to prevent any untoward incident during Youth Festival the University decided to strictly implement Annexure-4 guidelines. Dr. Girish, a teacher of the Hindi department was deputed as staff advisor and the petitioner as the convener of the certificate committee for the Youth Festival commenced on 29.02.2024 and finished on 04.03.2024. The petitioner being a syndicate member was directed by the Vic