‘Shaking hands’ gets cop in trouble

A senior police officer from Gadchiroli will have to face criminal trial for ‘shaking hands’ with a woman and intimidating her.

The complainant — Nalanda Deshpande, a journalist — had filed an FIR against the officer, Bhagwanji Dongre, for outraging her modesty while shaking hands with her after a flag-hoisting function at the Republic Day parade in 2005.

The Nagpur bench of the Bombay high court also ruled that since the officer was not discharging his duty as a public servant, a prior sanction, under Section 197 of the Code of Criminal Procedure (CrPC), 1973, is not required to prosecute him.

Justice Sambhaji Shinde recently rejected Dongre’s application seeking discharge from the case and directed him to face trial for outraging the modesty of a woman with criminal intimidation.
Nalanda, a family friend of Dongre’s wife, had alleged that she had attended the Republic Day parade at Gadchiroli police station on January 26, 2005, with other members and citizens, as a member of the women’s cell.

According to the complainant, Dongre came to her after the flag-hoisting ceremony and shook hands with two fellow journalists before greeting her in the same manner.

Nalanda alleged that while shaking hands with her, Dongre asked her why she was instigating his wife to lodge a police complaint against him. Both Dongre and his wife were believed to be having some personal dispute at that time.

According to Nalanda, Dongre first caught hold of her hand and then tried to threaten her for instigating his wife. Nalanda lodged an FIR on January 27, 2005 under Sections 354, 506(2) and 509 (outraging the modesty of a woman with criminal intimidation). A chargesheet was then filed against Dongre later that year.

Dongre then moved the trial court, seeking discharge from the case, which was rejected. A sessions court in Gadchiroli also rejected his discharge plea in February 2006.  

Dongre’s defence lawyer had argued that his client was shaking hands with everyone present at the flag-hoisting ceremony in a routine manner and was greeting them. He greeted the complainant (Nalanda) as well, and shaking hands with someone could not amount to outraging one’s modesty.

He also informed the court that the two fellow journalists, who were eyewitnesses, had not supported the complainant.

Dongre’s defence further argued that, “Dongre, a public servant, was discharging his duty and therefore the prosecution should have obtained a prior sanction under Section 197 of CrPC to prosecute him.” He also argued that Nalanda was forcing Dongre’s wife to lodge a police complaint against him and she has lodged this FIR with wrongful intent.

Section 197 of CrPC, makes it mandatory to obtain prior sanction from the home department before trying a public servant if he is booked for a crime at the time of discharging his duty.

Justice Shinde, on the other hand, refused to accept the arguments of the defence counsel. The court upheld the magistrate court’s findings.

The magistrate, while rejecting Dongre’s discharge plea, had noted that, “Whether there was evidence to outrage modesty or not is to be inferred from the act of the accused and depends upon the reaction of the complainant. At this stage, the presumption is positive and in favour of the prosecution and the case is triable.”

The HC also ruled that ‘shaking hands with someone’ has no connection with an act of discharge of duty by a public officer. So prior sanction to prosecute him is not required.

Dongre has been working with the Maharashtra police since 1986. He had joined the force as a sub-inspector and was made a police inspector in May 2003.