IMPORTANT POINT
The court established that charges of sexual harassment require substantial evidence, and inconsistencies in victim statements can undermine the prosecution's case.

JUDGMENT :

Rakesh Thapliyal, J.

1. By the instant C482 application, applicant is challenging the charge-sheet no. 135 of 2019 dated 15.05.2019 as well as cognizance order dated 19.08.2019 passed by the Chief Judicial Magistrate, Dehradun, arising out of FIR being Case Crime No. 08 of 2019 (State Vs. Sanjay Kumar) wherein applicant has been summoned to face the trial for the offence punishable under Section 354-A (iii) and (iv) IPC.

2. The genesis of the case is arising out of the FIR registered as Case Crime No. 08 of 2019, Police Station – Kotwali, Dehradun wherein allegations had been levelled against the applicant for the offences punishable under Sections 294, 354-A, 506 IPC. The matter was investigated by the Investigating Officer, however, on completion of the investigation, offences punishable under Section 294, 506 IPC were deleted and charge-sheet has been filed only for the offence punishable under Section 354-A IPC. Subsequently, Chief Judicial Magistrate took cognizance on the said charge-sheet for the offence punishable under Section 354A (iii) and (iv) IPC and after taking cognizance, the case was registered as Criminal Case No. 08 of 2019 (State Vs. Sanjay Kumar). Learned counsel for the applicant submits that in fact, no ingredient of Section 354-A (iii) and (iv) IPC are available and as such, no offence is made out against the applicant. It is contended by the learned counsel for the applicant that during investigation, the statement of respondent no. 3 / complainant – victim was recorded under Section 161 Cr.P.C. on 08.01.2019 and in her statement, she stated that she had been raped by the applicant three times and video was also made, however, no date when the said offence had taken place for the first time has been given by the victim.

3. Thereafter, complainant - victim was asked to give her statement under Section 164 Cr.P.C., however, complainant - victim was not ready and she said that she is not well and whenever she will be well, she will give her statement under Section 164 Cr.P.C. On 19.01.2019, victim appeared before the Investigating Officer for the purposes of recording her statement under Section 164 Cr.P.C. and thereafter, her statement were recorded under Section 164 Cr.P.C. and in her statement, she stated that first time, she was raped by the applicant on 10.03.2018 and again, she was raped twice by the applicant.

4. Thereafter, the investigating officer collected the CDR details of the applicant and victim and after examining the CDR details, during the course of the investigation it was found that the applicant, on the date of alleged incident of rape i.e. on 10.03.2018, was not present in Dehradun from 09.03.2018 to 11.03.2018. So far as the allegation with regard to the alleged preparation of video is concerned, both the mobile handsets of the applicants were taken into custody by the investigating officer and sent them for forensic examination to CFSL, Chandigarh. It has been found by the CFSL, Chandigarh that there was neither any pornographic video nor any adultress message on the mobile handsets of the applicant. Despite the fact that neither any pornographic video nor any adultress message was found on the mobile handsets of the applicant, charge-sheet has been filed by the Investigating Officer purely for the reason that both the applicant and victim were in regular touch and they used to talk on mobile phone for long hours regularly and have long chats during night.

5. Learned counsel for the applicant submits that while submitting the charge-sheet, no evidence was found by the Investigating Officer, which constitutes the offence punishable under Section 376, 294, 506 IPC, however, based on the CDR details of the applicant and respondent no. 3 whereby it was revealed that both the applicant and victim were talking to each other on mobile phone for long hours regularly during night and have long chats, charge-sheet for the offences under Section 354A (iii) and (iv) IPC has been filed.

6.