Section 451 relates to house-trespass in order to commit any offence punishable with imprisonment and Section 354 deals with assault or criminal force to woman with intent to outrage her modesty.
What is workplace?
Facts of the case :
At the relevant time when the alleged episode occurred, the Mr. Saurabh Mallick was positioned as Director (Administration) at the National Academy of Audit and Account (in short 'NAAA), Shimla. Ms. Geetali Tare was also working in the same Academy as Director (Training). Thus, both were holding equivalent post, namely, that of Director, though Ms. Geetali Tare (hereinafter referred to as the 'complainant') was senior to the petitioner. On 31.3.2007, the complainant lodged FIR against the petitioner herein under Section 451/354 IPC. Simultaneously, a complaint was also made to the Director General of the NAAA. A supplementary complaint dated 12.4.2007 was also made to the office of the Comptroller General of India wherein the complainant stated certain additional facts which she could not mention in her original complaint.
Section 451 relates to house-trespass in order to commit any offence punishable with imprisonment and Section 354 deals with assault or criminal force to woman with intent to outrage her modesty.
Within four days of the lodging of this FIR, the petitioner was transferred from Shimla to Kerala. In the first undated complaint, the complainant alleged that on 30.3.2007, there was an official dinner at Radisson Hotel. After the dinner, she returned to the Academy along with certain officials/colleagues, including the petitioner at around 11:30 pm by staff car. Other officers were dropped at their residence and thereafter, the complainant and the petitioner proceeded to Glen Mess where the petitioner was occupying Room Nos. 11 and 12 with his family on the ground floor and the complaint was residing in Room No. 21 on the first floor. When she proceeded towards her room the petitioner followed and entered her room forcibly. The incident which took place is narrated in the complaint in the following words :
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