In their appeal, the four women wrestlers have argued that the acquittal rests on ‘archaic and stereotypical assumptions’ about expected behaviour of victims of sexual harassment and assault
Ishita Mishra
NEW DELHI
Four women wrestlers have approached a Delhi court, challenging the acquittal of Brij Bhushan Sharan Singh, who has formerly been a BJP MP and the chief of the Wrestling Federation of India (WFI), and co-accused Vinod Tomar in a sexual harassment case.
The appeal against the trial court’s August 3 verdict is likely to be heard on Saturday by Special Judge Dig Vinay Singh of Rouse Avenue Court.
The trial court had acquitted both accused last month, saying there were “significant” inconsistencies in the complainants’ accounts regarding the dates, years, and locations of alleged incidents of sexual harassment.
In their appeal, the wrestlers have argued that the trial court’s decision failed to apply binding and well-settled principles of law. They claimed that the decision rests on “archaic and stereotypical assumptions” about the expected behaviour of victims of sexual harassment and assault. The application noted that the trial court focused on minor inconsistencies and overlooked the broader evidence.
The case came into the limelight after wrestlers, including Sakshi Malik, Vinesh Phogat, Bajrang Punia, and Sangeeta Phogat, held protests in New Delhi for several months in 2023, calling for the arrest of Mr. Singh over allegations of sexual harassment involving several women wrestlers, one of whom was a minor.
According to the complainants, the alleged incidents occurred between 2016 and 2019 at the WFI office, at Mr. Singh’s official residence, and during international tours.
Following the intervention of the Supreme Court, the Delhi Police registered a first information report (FIR) against Mr. Singh in May 2023. The police subsequently filed a chargesheet exceeding 1,000 pages before the Rouse Avenue Court in June 2023. The charges included offences under Sections 354, 354A, 354D, and 506(1) of the Indian Penal Code (IPC), relating to assault or criminal force against a woman with intent to outrage her modesty, sexual harassment, stalking and criminal intimidation, respectively.
A separate case was registered under the Protection of Children from Sexual Offences (POCSO) Act following a complaint by a minor wrestler.
Important Legal Words – Meaning & Example
1. Acquittal
Meaning: A court’s decision that an accused person is not guilty of the charges.
Example: The complainants challenged the acquittal of the accused before the higher court.
2. Appeal
Meaning: A legal request made to a higher court to review or change the decision of a lower court.
Example: The wrestlers filed an appeal against the trial court’s judgment.
3. Sexual Harassment
Meaning: Unwelcome sexual conduct, remarks, advances, or behaviour that violates a person’s dignity.
Example: The complaint contained allegations of sexual harassment at the workplace.
4. Sexual Assault
Meaning: Any non-consensual sexual act or physical contact of a sexual nature.
Example: The court examined the evidence relating to the alleged sexual assault.
5. Complainant
Meaning: A person who makes a formal complaint alleging that an offence has been committed.
Example: The complainant gave her statement before the investigating authorities.
6. Accused
Meaning: A person who is formally alleged to have committed an offence.
Example: The accused was required to appear before the trial court.
7. First Information Report (FIR)
Meaning: The formal information recorded by the police regarding the commission of a cognizable offence.
Example: The police registered an FIR after receiving the complaint.
8. Chargesheet
Meaning: A final police report filed before a court after investigation, containing the allegations, evidence, and offences attributed to the accused.
Example: The police filed a chargesheet after completing the investigation.
9. Criminal Intimidation
Meaning: Threatening a person with injury to their body, reputation, or property with the intention of causing alarm.
Example: The accused was also charged with criminal intimidation for allegedly threatening the complainant.
10. Outraging the Modesty of a Woman
Meaning: Using assault or criminal force against a woman with the intention or knowledge that her modesty is likely to be outraged.
Example: The prosecution alleged that the act amounted to outraging the modesty of a woman.
11. Binding Precedent
Meaning: A legal principle laid down by a higher court that lower courts are required to follow in similar cases.
Example: The appellants argued that the trial court failed to apply the relevant binding precedent.
12. Principles of Law
Meaning: Established legal rules or doctrines used by courts while deciding cases.
Example: The appeal alleged that important principles of law were not properly applied.
13. Evidence
Meaning: Material, testimony, documents, or other information presented before a court to prove or disprove a fact.
Example: The court considered the evidence presented by both sides.
14. Inconsistency in Testimony
Meaning: A contradiction or difference between different statements made by a witness or complainant.
Example: The defence relied on an alleged inconsistency in testimony regarding the date of the incident.
15. Protection of Children from Sexual Offences Act (POCSO Act)
Meaning: A special law providing protection to persons below 18 years of age from sexual offences.
Example: A separate case was registered under the POCSO Act after a complaint involving a minor.
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