Can delay in filling Sexual Harrasement complaint lead to acquittal?
A Mumbai has court acquitted TVF Founder Arunabh Kumar in the sexual harassment case that was registered against him in 2017.
The order was pronounced by Metropolitan Magistrate AI Shaikh on September 12 and a copy of the order was made available recently.
The prosecution alleged that the harassment incident happened in the first week of June 2014.
It is alleged that the complainant used to work in an office opposite Kumar’s office and one day she was sitting outside her office with her friends when Kumar called her to him and while they were talking, Kumar touched her inappropriately and when the complainant screamed Kumar left the spot.
The complainant however did not report the incident and only came forward in March 2017 when another woman accused Kumar of bad behaviour.
A complaint was lodged against Kumar and he pleaded not guilty.
However, the trial court recently acquitted Kumar after opining there was an unexplained delay, witnesses of the case are from the same industry/business and are interest witnesses.
The Court further opined that the lodging of the complaint and FIR appears to be filed due to grudges/rivalry between the parties.
Title: State versus Arunabh Kumar
Case No.: PW 1547/2017
Dr. Ajay Kummar Pandey
( LLM, MBA, (UK), PhD, AIMA, AFAI, PHD Chamber, ICTC, PCI, FCC, DFC, PPL, MNP, BNI, ICJ (UK), WP, (UK), MLE, Harvard Square, London, CT, Blair Singer Institute, (USA), Dip. in International Crime, Leiden University, the Netherlands )
Advocate & Consultant, Supreme Court of India & High Courts
4C Supreme Law International, Delhi, NCR. Mumbai & Dubai
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