A Delhi court on Thursday deferred a hearing regarding the framing of charges against BJP MP and former Wrestling Federation of India (WFI) chief, Brij Bhushan Sharan Singh, in an alleged sexual harassment case by six ladies wrestlers.
The resolution to defer got here after Singh submitted an utility in search of additional examination of proof regarding his whereabouts on the alleged date of the incident, September 7, 2022. He informed the court that he was not in Delhi when one of the complainant wrestlers was allegedly sexually harassed.
Presiding over the case, Additional Chief Metropolitan Magistrate Priyanka Rajpoot of Rouse Avenue Court, deferred the pronouncement of the order and can hear the matter on April 26.
The utility argues for an in depth investigation into Singh’s claims of being overseas when the incident purportedly came about. The utility additionally demanded that the Delhi Police produce the Call Detail Record (CDR).
APP Atul Srivastava, representing the Delhi Police, opposed the appliance, arguing that the timing of the request was strategic and meant to extend the case. He burdened the potential authorized ramifications of reopening the investigation at this stage. Meanwhile, the authorized counsel for the complainants criticised the appliance as a tactic to delay the proceedings.
They argued that the required paperwork ought to have been procured earlier underneath Section 207 of the Code of Criminal Procedure (CrPC), which offers with the communication of proof to the accused.
In February, Brij Bhushan Sharan Singh had sought to be discharged within the case, citing delay in reporting the alleged offence and contradictions within the complainants’ statements. Earlier in the course of the proceedings, the complainants and police had mentioned that there was ample proof to proceed with the trial against the accused people.
The Delhi Police had refuted the argument of the accused that sure incidents occurred abroad and thus fell outdoors the jurisdiction of Delhi courts, contending that the alleged acts of sexual harassment, attributed to Brij Bhushan Sharan Singh, each overseas and in India, together with Delhi, constituted half of the identical offence. His counsel had informed the court that the incidents had been mentioned to have occurred in 2012 however had been solely reported to the police in 2023.
In addition, he had contended discrepancies within the timing and areas of the alleged incidents, asserting no clear hyperlink between them. The defence had identified contradictions between the complainants’ affidavits and statements.
The Delhi Police had contended that incidents of alleged sexual harassment, whether or not occurring abroad or inside the nation, had been interconnected and half of the identical transaction. Hence, the police had mentioned that the court had jurisdiction to listen to the case.
The BJP MP had earlier questioned the jurisdiction of the Delhi court claiming that there was no motion or consequence which occurred in India. Additional Public Prosecutor Atul Srivastava, representing the Delhi Police, had argued that underneath Section 354 of the IPC, the case shouldn’t be time-barred, because it carries a most punishment of 5 years.
Addressing the problem of delay in submitting complaints, Srivastava had introduced up the problem of worry among the many ladies wrestlers, saying that wrestling held immense significance of their lives, and so they had been hesitant to return ahead on account of issues about jeopardising their careers.
The prosecution had argued that Brij Bhushan Sharan Singh’s defence, claiming his actions had been fatherly, demonstrated consciousness of his acts. The BJP MP’s justification that he was checking respiratory patterns had contradicted the victims’ statements about inappropriate touching.
The police had claimed that there was adequate prima facie proof to proceed with the trial against Brij Bhushan Sharan Singh and co-accused Tomar. The prosecution had earlier mentioned that the act of sexual harassment of the victims was a unbroken offence, because it didn’t cease at any specific time.
Delhi Police had additionally informed the court that Brij Bhushan Sharan Singh by no means missed a chance to “sexually harass” ladies wrestlers, including that there’s adequate proof to border charges against him and proceed with the trial.
