Pemagatshel Dzongkhag Court

Pemagatshel Dzongkhag Court convicts Nganglam OC to six months

Pemagatshel Dzongkhag Court upheld Nganglam Dungkhag Court’s judgment and convicted Nganglam OC Jamyang Dorji to six months in prison in connection to sexual harassment of a female constable. The Dzongkhag Court passed the judgement on 8 May 2023 while the Dungkhag Court passed the judgment on October 2022.

Defendant Jamyang Dorji had earlier appealed to Dzongkhag court based on 12 grounds. As per the judgment, in his appeal to higher court, Dungkhag Court couldn’t differentiate between administrative investigation and criminal investigation.

He was convicted as per section 205 of Penal Code of Bhutan 2004. The section states that a defendant shall be guilty of sexual harassment, if the defendant makes unwelcome physical, verbal or non-verbal abuse of sexual nature.

The case came into limelight after an anonymous post on social media alleging the police officer has been sexually harassing the female constable. The letter was addressed to Chief of Police seeking justice in January this year.

The police officer was accused of inappropriate touching and sharing of inappropriate photos. The victim, a female constable, was new in the service, and right after the issue came into limelight, the police carried out a court of inquiry against the officer, after which the case was forwarded to the Nganglam Police Station.

Accordingly, the case was investigated and charge sheeted to court by the police. The defendant can, however, pay fine in lieu of imprisonment as per section 28, 71 and 73 of the Penal Code of Bhutan 2004.

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