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Delhi High Court refuses to quash FIR in a high-profile molestation case. Also said that the case will go in the lower court, if the allegations are proved wrong, then the girl will give compensation to the accused. The accused in the case was appointed to a key position in the UN, but had to resign after the victim wrote a complaint letter to the UN.

The accused had filed this petition in the High Court to quash the FIR. Justice Jasmeet Singh said that the High Court on September 3, 2021 had ordered both the parties not to rush the matter since they are in the mediation process. Despite this, the girl wrote a letter to the UN. For this reason, an order for compensation has to be given.

The matter is something like this…
The girl had lodged an FIR against the accused and her in-laws side. According to this, the accused was the boyfriend of the girl’s sister-in-law. The accused molested her on the night of 13 December 2019 at 9 pm when she was at her in-laws’ house. When she told her in-laws, her mother-in-law and sister-in-law beat her up.

defense arguments

  • The defense said that the girl filed the complaint on 16-17 December 2020, 1 year after the incident. This is an abuse of the legal process.
  • According to the girl, the crime took place at 9 pm. The accused and his sister-in-law were in South Extension at 7.45 pm but at 08:47 pm they made purchases from a store in Lajpat Nagar. Proof of payment by credit card was given. It was not possible for the accused to reach South Delhi from where the incident has been reported. Rather, after dinner, they reached the girl’s in-laws at around 11.15 pm, the accused left from there with a cab at 1.30 pm.
  • The girl’s husband had applied for divorce from her on 7 December 2020. Enraged by this, he filed a case of molestation on 16-17 December which is false.

Prosecution’s response

  • The girl’s lawyer said that the girl need not explain the allegations, delay, contradiction in statements or conduct. The trial of the case is going on. The defense can question about this at the hearing. On the basis of all the evidence, the court will give its decision.
  • The delay in the FIR was also because the incident happened just 7 days after the girl’s marriage. She wanted to save her marriage, so she kept quiet.

complainant must listen
The High Court said that the defense should be given an opportunity to explain itself on the arguments. This is a sensitive matter, the complainant should be heard. The High Court cannot go into the complexity of the evidence and witnesses like the investigating agency or the trial court. A cognizable offense is registered in the FIR, so the trial will go on. The things that are coming out in this, the trial court will review them and give a decision.

Expansion

Delhi High Court refuses to quash FIR in a high-profile molestation case. Also said that the case will go in the lower court, if the allegations are proved wrong, then the girl will give compensation to the accused. The accused in the case was appointed to a key position in the UN, but had to resign after the victim wrote a complaint letter to the UN.

The accused had filed this petition in the High Court to quash the FIR. Justice Jasmeet Singh said that the High Court on September 3, 2021 had ordered both the parties not to rush the matter since they are in the mediation process. Despite this, the girl wrote a letter to the UN. For this reason, an order for compensation has to be given.

The matter is something like this…

The girl had lodged an FIR against the accused and her in-laws side. According to this, the accused was the boyfriend of the girl’s sister-in-law. The accused molested her on the night of 13 December 2019 at 9 pm when she was at her in-laws’ house. When she told her in-laws, her mother-in-law and sister-in-law beat her up.

defense arguments

  • The defense said that the girl filed the complaint on 16-17 December 2020, 1 year after the incident. This is an abuse of the legal process.
  • According to the girl, the crime took place at 9 pm. The accused and his sister-in-law were in South Extension at 7.45 pm but at 08:47 pm they made purchases from a store in Lajpat Nagar. Proof of payment by credit card was given. It was not possible for the accused to reach South Delhi from where the incident has been reported. Rather, after dinner, they reached the girl’s in-laws at around 11.15 pm, the accused left from there with a cab at 1.30 pm.
  • The girl’s husband had applied for divorce from her on 7 December 2020. Enraged by this, he filed a case of molestation on 16-17 December which is false.

Prosecution’s response

  • The girl’s lawyer said that the girl need not explain the allegations, delay, contradiction in statements or conduct. The trial of the case is going on. The defense can question about this at the hearing. On the basis of all the evidence, the court will give its decision.
  • The delay in the FIR was also because the incident happened just 7 days after the girl’s marriage. She wanted to save her marriage, so she kept quiet.

complainant must listen

The High Court said that the defense should be given an opportunity to explain itself on the arguments. This is a sensitive matter, the complainant should be heard. The High Court cannot go into the complexity of the evidence and witnesses like the investigating agency or the trial court. A cognizable offense is registered in the FIR, so the trial will go on. The things that are coming out in this, the trial court will review them and give a decision.

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