A Delhi court, while acquitting former BJP MP and former Wrestling Federation of India (WFI) chief Brij Bhushan Sharan Singh in a sexual harassment case filed by women wrestlers, questioned the credibility of the allegations and observed that they appeared to be false, fabricated and politically motivated.
Additional Chief Judicial Magistrate (MP-MLA Court) Ashwani Panwar acquitted Singh and former WFI assistant secretary Vinod Tomar on August 3, holding that the prosecution had failed to establish the charges beyond reasonable doubt.
The court also took note of prosecution witnesses turning hostile during the trial and examined the conduct of the complainants after the alleged incidents.
The judgement is not publicly available.
According to the court's observations, the allegations were raised around the same time even though the incidents were alleged to have occurred at different locations and on different occasions.
The court also pointed to the continued interaction between some complainants and the accused after the alleged incidents. It noted that some of them invited Singh to family gatherings and weddings and continued to maintain contact with him.
"Despite the alleged incidents, they had maintained cordial relations with the accused, invited him to family functions and wedding ceremonies and continued to interact with him. No contemporaneous complaint was made by them or by the persons who allegedly knew of the incidents," the court observed.
The court further noted that the complainants had met senior authorities but had not disclosed the alleged incidents during those interactions.
While assessing the evidence, the court considered the testimony of prosecution witnesses who turned hostile, the subsequent conduct of the alleged victims, circumstances surrounding their earlier statements and the absence of contemporaneous complaints.
According to the court, these factors collectively supported the defence's contention that the allegations were not reliable.
During arguments, Singh's counsel Rajiv Mohan had submitted that the allegations against the accused were false.
The court observed that the allegations appeared to have been made as part of a coordinated effort and suggested that the circumstances pointed towards prior planning.
"The allegations are strikingly similar, made at the same time, at a common place, which shows prior meticulous planning against the accused," the court said.
The court further held that the allegations were made collectively at the instance of two prosecution witnesses and coaches of Mahadev Academy, describing the alleged conspiracy as seemingly politically motivated.
"The Court observed that the entire allegations against the accused persons are false and fabricated, made collectively at the instance of two Prosecution witnesses and the coaches of Mahadev Academy, in a deep conspiracy which seems to be politically motivated."
After considering the documentary evidence, witness testimonies and other material on record, the court concluded that the prosecution had failed to prove its case to the required legal standard.
"This Court has no hitch in holding that the prosecution has miserably failed to prove the allegations against the accused persons beyond reasonable doubt."
The court subsequently acquitted Singh of charges under Sections 354, 354A and 506 (Part-I) of the Indian Penal Code.
Tomar was acquitted of the charge under Section 506 (Part-I) of the IPC.
"Accordingly, the accused Brij Bhushan Sharan Singh stands acquitted of all charges under Sections 354, 354A, 506 (Part-I) of the IPC and the accused Vinod Tomar is acquitted of the charge under Section 506 (Part-I) of the IPC," the court ordered.
(With inputs from news agency ANI)
