The Kerala (HC) High Court today 5th April, cleared Nilesh Ramachandra Japthap of charges for impersonating a police officer to enter S Sreesanth’s home. Justice Bechu Kurian Thomas ruled in favor of Japthap, citing lack of evidence of harm caused by his actions. The Court emphasized that impersonation must result in harm to be considered criminal, which was not proven in this case. Japthap represented by a team of advocates in court proceedings.
Kerala: Today 5th April, The Kerala High Court dismissed legal actions against an individual accused of posing as a police officer and gaining access to the home of cricketer S Sreesanth.
Justice Bechu Kurian Thomas issued the ruling to dismiss the case against Nilesh Ramachandra Japthap.
Read Also:“Minor Can Face Charges Under POCSO Act”: Kerala High Court
Japthap, originally from Mumbai, allegedly informed Sreesanth’s house security that he was a member of the Mumbai Police to gain entry. Once inside, he purportedly represented himself to Sreesanth’s parents as a staff member of the Board of Control for Cricket in India (BCCI).
As a result, he faced accusations under Section 419 of the Indian Penal Code (IPC), which deals with the punishment for cheating through impersonation.
Japthap sought relief from the High Court to dismiss the legal proceedings against him.
The Court noted that mere impersonation, without accompanying cheating as defined in Section 415 of the IPC, does not constitute an offence under Section 419.
Read Also:Kerala High Court: Senior Citizens Can Claim Past Maintenance from Children
As explained by the Court,
“The Court clarified that the crime of impersonation for cheating is established only when the impersonation results in actual or potential harm to body, mind, reputation, or property. In essence, the accused must have gained property through impersonation or influenced the victim to act or refrain from action, causing harm to their mind, body, reputation, or property,”
The Court observed in the final report that there were no allegations suggesting that Japthap caused harm or posed a threat to the security guard. Consequently, the legal proceedings against Japthap were dismissed.
Japthap’s legal representation included advocates Dheeraj Krishnan Perot, Vineetha AA, Sreerag S, Arya Devasia, Megha, and Sreepriya KU.
Read Case: [Nilesh Ramachandra Japthap v. State of Kerala & Anr.]