Delhi’s Tis Hazari court has upheld the framing of charges against a man in a sexual harassment case by saying that the utterance of ‘F**K Off’ aimed at the woman complainant was sexually coloured. Additionally Sessions Judge Sanjay Sharma said that the word uttered by the accused was ‘offensive’ and not used in Indian society, schools or colleges, to ask anyone to leave or go away.
The judge, according to the Livelaw website, said after the lawyer representing the accused referred to Cambridge dictionary saying that the world only meant “…to leave or go away, used specially as a rude way of telling someone to go away…..”.
However, Additional Public Prosecutor appearing for the State argued that the word was a ‘sexually coloured remark’ adding that it must be construed in its ordinary sense.
The court agreed and upheld the order framing charges against accused under Sections 354A (sexual harassment), 509 (word, gesture or act intended to insult the modesty of a woman) and 506 (punishment for criminal intimidation) of the Indian Penal Code.
The court said that the word was American vulgar slang and very offensive in nature. It said, “In ordinary sense, the said word is abusive, offensive and humiliating. This Court does not find any merit in the contention that dictionary meaning the said word is defined as ‘to leave or go away’.”
In ordinary sense, the said word is abusive, offensive and humiliating. This Court does not find any merit in the contention that dictionary meaning the said word is defined as ‘to leave or go away’. The said word is a ‘sexually coloured remark’: Delhi Court
— Live Law (@LiveLawIndia) November 5, 2022
The case pertains to a complaint filed by a woman in 2019 against a man, who alleged stormed into her house with other people and hurled abuses at her. The woman said that the accused also threatened to throw her out of her house.
A trial court in Delhi had earlier framed charges against the accused, prompting him to file an appeal in the Tis Hazari sessions court.
