Jammu July-26-2024:- Sub-Judge Udhampur Slahuddin Ahmed today framed charges against Surinder Singh Rana then Commanding Officer 187 Bn CRPF, Battal Ballian in sexual harassment case.
This is a case arising out of chargesheet filed by the SHO P.S. Udhampur against the accused in FIR No. 429/2022 of P.S. Udhampur for offences punishable under sections 354-A/354-D/354-E/509 of the Indian Penal Code, 1860 (hereinafter referred to as ‘IPC’). Briefly stated, it is the case of prosecution that On 18.10.2022, a complaint was received at P.S. Udhampur from the Office of Dy.SP Headquarters Udhampur by the complainant (name withheld and hereinafter referred to as ‘X’) that she joined 187 BN, CRPF on 12.05.2022 as ‘ABC’ (name of post/rank withheld and hereinafter referred to as ‘ABC’). She was posted to D/187 BN, CRPF at Ramban and was directed to join the company only after the familiarization. But on completion of familiarization, she was not sent to the company was directed to remain at HQ on one or the other pretext with mala fide intent. Ever since she joined the unit, she had been receiving lewd messages from the Commandant, 187 BN, Surender Singh Rana. Apart from messages, she was told statements and showed gestures by him, which were against her dignity as a woman. On number of occasions, she displayed her disapproval to his such gestures and messages and finally conveyed to him in writing asking him to stop it immediately, but he did not stop. On numerous occasions, he deliberately passed such comments in front of officers and men and gestured as if he was very pleased with her and was favouring her out of the way. All this led people to believe that she was being favoured and subsequently someone made an anonymous call to his wife. Surender Singh Rana, Commandant, 187 BN has committed an offence of sexually and mentally harassing and demeaning the dignity of a lady by sending lewd messages and showing indecent gestures. Hence, she prayed for registration of FIR.
Accordingly, FIR No. 429/2022 was registered at P.S. Udhampur for offences punishable under sections 354-A/354-D/509 IPC and the investigation was started by the I.O. Insp. Raghubir Singh, SHO P.S. Udhampur. During investigation, the complainant X furnished nine pages of whatsapp screenshots which were seized by the I.O. and seizure memo was prepared. Statement of complainant X under section 164 Cr.P.C was recorded in the court. Statements of witnesses under section 161 Cr.P.C were recorded. On 21.10.2022, the accused Surinder Singh Rana was arrested.
Sub-Judge Udhampur Slahuddin Ahmed after hearing both the sides observed that There are specific allegations in the statement of complainant X under Section
164, Cr.P.C. that the accused being commanding officer of the complainant
suggested her that anything could happen between them, if she wanted, and that he had to write her ACR (Annual Confidential Reports). The accused being a superior officer made a request implicitly to the complainant for sexual favour from the complainant X in exchange for benefit in the ACR which he had to write. There is an element of quid pro quo on the part of the accused, for giving a better ACR, and ACR was something which he was empowered to write, being her superior officer. Hence, prima facie there is ground for presuming that the accused has committed offence punishable under section 354-E IPC. Thus, in light of what has been discussed hereinabove, this court is satisfied that prima facie there are grounds for presuming that the accused Surinder Singh Rana has committed offences punishable under sections 354-A/354-D/354-E/509 IPC. Accordingly, accused Surinder Singh Rana is charged for commission of offences punishable under sections 354-A/354-D/354-E/509 IPC. The contents of the charge memo have been read over and explained to the accused, who has pleaded not guilty and preferred trial.