Kerala HC acquits former minister in case relating to outraging modesty of woman IFS officer

Kochi, Sep 15 (PTI) After more than 25 years of legal battle, former Forest Minister Neelalohithadasan Nadar was on Monday acquitted by the Kerala High Court in a case relating to outraging the modesty of a woman Indian Forest Service (IFS) officer at Kozhikode in 1999.

He was acquitted by a single bench of Justice Kauser Edapagath.

Nadar, a native of Pulluvila, was associated with the Janata Dal and Janata Dal Secular. He served in various ministerial capacities under the LDF governments. He served as the Forest and Transport Minister from 1999 to 2000. He was also a member of the Lok Sabha from 1980 to 1984.

He was forced to resign as minister following the allegation.

The allegation was that he made sexual advances towards the officer when she visited him at the Government Guest House, Kozhikode, on February 27, 1999.

Earlier, the Judicial First Class Magistrate Court-IV of Kozhikode had sentenced him to one year’s simple imprisonment in 2002.

On appeal, the sessions court in Kozhikode reduced the sentence to three months’ simple imprisonment in 2005. Nadar later challenged the verdict before the High Court.

The High Court, while hearing the petition, noted that there was a delay of more than two years, as the FIR was registered only on May 9, 2001, based on a complaint submitted by the officer to the Director General of Police on March 25, 2001.

The victim contended that she was afraid to file a complaint against the minister, as he headed her own department, and that she decided to proceed after his resignation in February 2000.

"Her explanation that even after she gave a statement on 3 May 2000, she was under fear and threat in various forms, is very vague and not supported by any materials. Therefore, there was absolutely no reason for her, a well-educated high-profile officer, not to prefer any complaint at least immediately after the date," the court observed.

According to the court, the sequence of events showed that her statement was "consistently refined and improved" from the time of her complaint to her deposition before the court. It added that the complainant’s version of the incident, as testified in court, had no correlation with her police statement.

"After a thorough examination of her evidence, tested against legal standards and considering the circumstances, I am of the view that she cannot be regarded as a ‘sterling witness’ whose testimony can be accepted without corroboration, to be the basis for the conviction of the petitioner," the court observed.

The bench said the trial court’s and appellate court’s approach in dealing with the evidence and law was incorrect, and that the record did not justify a conviction under Section 354 of the IPC.

"At any rate, it is a fit case where the benefit of doubt ought to have been extended to the petitioner. For all the foregoing reasons, the conviction and sentence of the petitioner as recorded by the trial Court and the appellate court stand hereby set aside. The petitioner is found not guilty of the offence alleged against him, and he is acquitted," the court ordered. PTI TBA TBA KH