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The Delhi Police on Friday told a court that they possess sufficient evidence to proceed with the trial against Brij Bhushan Sharan Singh, the former Wrestling Federation of India (WFI) chief and a BJP MP.
Singh is facing allegations of sexual harassment involving women wrestlers.
Additional Chief Metropolitan Magistrate Harjeet Singh Jaspal was informed by the Delhi Police that there is a clear case against Singh and co-accused, Vinod Tomar, who is the suspended assistant secretary of WFI.
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The police’s representative, public prosecutor Atul Srivastava, emphasised that the accused should be charged according to the offences listed on the charge sheet.
“The evidence is substantial enough to establish charges under sections 354 (assault or criminal force to woman with intent to outrage her modesty), 354-A (sexual harassment), and 354-D (stalking) of the Indian Penal Code against Singh,” he told the court.
The court is scheduled to reconvene on August 19 to allow the complainants’ advocate to present their arguments regarding the charges.
“Srivastava has opened arguments by submitting that the submissions made by the Ld. defence counsel are not meritorious,” the court order read.
“Firstly, qua submissions made by the defence in reference to Section 188 Cr.P.C., it is submitted that the bar of Section 188 is applicable when the offence is committed outside India in its entirety and not otherwise,” it stated.
“Secondly, it is argued that the offences in question have partly been committed in Delhi and partly outside and therefore, the Delhi Court will have jurisdiction. Thirdly, it is argued that matter at hand squarely falls under section 354 IPC and having recourse to Section 468(3) Cr.P.C., there can be no questions on the bar of limitation,” the order further stated.
“Fourthly, it is argued that the oversight committee report cannot be called a report which has exonerated the accused. As per the Ld. Addl. PP, it is merely a departmental enquiry and the same does not bar the jurisdiction of this court. Lastly, it is argued that the court is duty bound to only see the material on record in the strict brackets of prima facie scrutiny and a mini trial cannot be conducted at this stage,” the order further stated.
On July 18, Rouse Avenue court granted interim bail to Singh and Tomar.
The Delhi Police’s charge sheet running over 1,000 pages was filed before the court for the offences under Sections 354 (assault or criminal force to woman with intent to outrage her modesty), 354A (making sexually coloured remarks), 354D (stalking) of Indian Penal Code (IPC) against accused Singh.
Tomar has been accused of offences under Sections 109, 354, 354A, 506 of the IPC.
In the FIR registered at Connaught Place police station, it has been alleged by the six adult grapplers that Singh allegedly attempted to coerce one athlete into sexual acts by offering to provide her with “supplements”, invited another wrestler to his bed and hugging her, as well as assaulting and inappropriately touching other athletes.
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