Delhi Police on Thursday began its arguments afresh on the framing of charges against former WFI Chief and BJP MP Brij Bhushan Sharan Singh in the sexual harassment case. This matter is at the stage of framing charges before the Rouse Avenue Court.
Additional Chief Metropolitan Magistrate (ACMM) Priyanka Rajput, after hearing the submission of Delhi police, listed the matter for further arguments on January 6, 2024.
This case was filed on the basis of six complaints filed by six female wrestlers. Delhi police have already filed a charge sheet against BJP MP Singh.
The matter has been argued afresh as the predecessor judge who heard the parties on the point of framing of charge has been transferred.
Additional Public Prosecutor (APP) Atul Srivastava appeared for the Delhi police. He argued that incidents of sexual harassment of female wrestlers took place in India and Delhi.
He argued that there are multiple incidents within and outside India when the accused sexually harassed the complainant wrestlers by touching their breasts and stomachs on the pretext of checking their breathing patterns.
APP also submitted that 44 persons have been made witnesses, including 6 victims.
APP submitted that on April 21, 2023, six complaints were filed with the police. They also approached the government and the Supreme Court. Two FIRs were registered by the police and were placed before the Supreme Court.
An additional public prosecutor also read over the statements of the complainants. One of the complainants stated that in 2018, she went to Kazakhstan and won a gold medal.
It has been alleged that when she was stretching, the accused came near me and, without my permission, lifted my T-shirt, touched her breast and slid his hand to her stomach on the pretext of my breathing pattern.
Another incident was in New Delhi when the complainant went to meet the former WFI Chief, Brij Bhushan, at its office, the APP submitted.
Another statement was also read, which stated that when she was doing a stretch in the arena, the accused allegedly touched the breast of the female wrestler.
She also stated that the accused hugged her and held her waist. He asked the girl to compromise with him and told her she would not face any difficulty in her career. Her brother was stopped outside by her co-accused, Vinod Tomar.
APP submitted that this incident attracted Section 354A of the IPC as he sought sexual advancement.
The APP also mentioned that the incidents took place in Magnolia, Bellary Karnataka, Tokyo and Jakarta.
Another girl stated that she went to WFI along with her would-be husband, who was asked to stop outside by the co-accused, Vinod Tomar. During the incident, the accused sexually harassed the complainant, APP argued.
This matter pertains to the allegations of sexual harassment levelled against Singh by six female wrestlers.
Earlier, Delhi police had submitted that, as per the statements of the witnesses and victims, they were molested at different places, including abroad as well as in different parts of India, including a place that falls within the jurisdiction of PS Connaught Place.
On November 28, complainant female wrestlers filed written submissions on the framing of charges against MP Brij Bhushan Sharan Singh in the sexual harassment case.
Singh had already filed his written submissions.
The court had noted that it was argued by the defence counsel, Rajiv Mohan, that this court has no jurisdiction to try any offence allegedly committed outside India as the sanction under Section 188 Cr.pc has not been obtained.
It was also argued that no sanction is required when the offence is partly committed in India and partly outside India, the court noted.
The court also noted the defence counsel’s arguments that the alleged offences, as per their prosecution, have happened in Tokyo, Mongolia, Bulgaria, Jakarta, Kazakhstan, Turkey, etc. and cannot be tried by this court.
The court asked the question of the Sexual harassment can be called a continuing offence. Multiple offences, separated by date, time and place, can be covered.
The court also noted the submissions made by the Additional Public Prosecutor (APP) that the act of sexual harassment was a continuing offence as it didn’t stop at any particular time.
As per APP, the accused molested the victim whenever he got the opportunity and such harassment can not be looked at as isolated, the court noted.
During the hearing, defence counsel submitted that one of the complainants alleged that the accused made sexual advances in 2022.
He further submitted that the incident of 2022 is of Bulgarian and WFI offices. The incident at the WFI office was not mentioned before the oversight committee.
He also referred to the SC judgement of 1993 which said that the offences committed here can be tried in India.
(This news report is published from a syndicated feed. Except for the headline, the content has not been written or edited by OpIndia staff)
