Delhi court dismisses plea against acquittal of ex-University registrar in sexual harassment case

New Delhi [India], March 1 : A Delhi court has recently dismissed the appeal against the acquittal of a former Jamia Hamdard University Registrar in a sexual harassment case.
He was acquitted by the Mahila Court in December 2021. A case was registered against him at the Ambedkar Nagar police station. The acquittal was challenged by the complainant in the matter.
Additional Sessions Judge (ASJ) Rakesh Kumar Singh upheld the order of the magisterial court acquitting the accused of the charges of sexual harassment, criminal intimidation and assault, outraging the modesty of a woman.
ASJ dismissed the appeal and said, "In the present case, the counsel for the petitioner has not been able to show any irregularity. Consequently, the appeal is dismissed and the order of acquittal is maintained."
"In an appeal against acquittal, it was well settled that though the appellate court could re-appreciate the evidence, it should normally not disturb the magisterial court's view unless glaring irregularity was shown either for factual appreciation of the case or for the applicability of the law," the Sessions court observed.
The judge said that the magisterial court order is a thorough one supported by detailed reasons.
"I am of the view that there have been gross and deliberate improvements in the version of the complainant which she made gradually only with a view to somehow settle some score with the accused who was Registrar under whom the complainant was working," ASJ Singh said in the order of February 10.
He also pointed out that the testimony of the complainant was not reliable.
While acquitting the accused, the magisterial court had said that the prosecution's case had fallen flat on its face as the complainant made "major material improvements with every successive statement" and there was an "utter lack of cogent corroborative evidence."
The Complainant alleged that from November 11, 2011 to June 11, 2012 at Jamia Hamdard University, the accused used criminal force on to complainant by trying to touch her, had put his hand on her shoulder while she bent down to pick up the file/pen, tried to hold her hand on the pretext of giving her the teacup, stroked her head and moved his hand over her face intending to outrage or knowing it to be likely that he will thereby outrage her modesty.
After the completion of the investigation, the police filed a chargesheet against the accused/ respondent before the Ld Magistrate.
A charge Under section 354/354A/506 IPC was framed against the accused on 19.05.2018 to which he pleaded not guilty and claimed trial.
After completion of trial, the Trial Court came to the conclusion that the prosecution has failed to prove the guilt of accused beyond reasonable doubt and acquitted the accused for
the said offences. This order was challenged before the court of Sessions.