New Delhi: The minor girl who had alleged sexual harassment by Wrestling Federation of India president and BJP MP Brij Bhushan Sharan Singh has “withdrawn charges”, Indian Express has reported, along with the fact that she has recorded a new statement in front of a magistrate.
It is not clear if the new statement contains the old charges.
However, later the complainant’s father told The Print that the news that the charges were “withdrawn” is “fake”. He said, “The news is completely fake. I have not withdrawn the complaint. I have taken the decision to fight it out and I will.”
Meanwhile, lawyer Vrinda Grover told The News Minute that a “withdrawal” of the charges or complaint is a legal fallacy. “No matter how many statements the complainant gives, she will have to step into the witness box before the court and speak under oath. Since here the complainant is a minor, she will be given the required privacy and witness protection, and her statements will be examined by the court to arrive at their validity. So this is not a ‘withdrawal’ of a complaint or evidence of the accused’s innocence. Once an FIR is filed in a criminal case, it has to be adjudged by a court of law. A crime is considered a wrong against society and the state is duty-bound to prosecute the accused before the law,” she told the website.
The Indian Express has quoted unnamed sources in the know of the matter to report that the minor has recorded a fresh statement before a magistrate under Section 164 of the Code of Criminal Procedure. She has withdrawn allegations made in two previous statements, before the police and a magistrate. This will make the latest statement evidence. Now, a court can decide if charges against Singh can be pursued or not and which of the three statements can be given precedence, the newspaper says.
The minor’s father had noted in an FIR, earlier reported on by news outlets, that the trauma of alleged sexual harassment perpetrated by Singh “continues to haunt” his daughter. He had also said that she was unable to be at peace any longer and was completely disturbed.
The complaint detailed serious instances of sexual harassment of the minor by Singh.
The minor’s complaint meant that Singh was booked under the Protection of Children from Sexual Offences (POCSO) Act, which demands more stringent punishment than sections under the Indian Penal Code. It had been the primary concern of protesting wrestlers that a man booked under POCSO, which calls for immediate action, had not been arrested yet.
Express notes that Singh was booked under Section 10 (aggravated sexual assault against a minor) of the POCSO Act and sections 354 (assault or criminal force to woman with intent to outrage her modesty), 354A (sexual harassment), 354D (stalking) and 34 (common intention) of the IPC. The jail term for the IPC sections is one to three years, while the POCSO charge could lead to jail of up to seven years.
Rights body calls for Singh’s immediate arrest
The Association for Protection of Civil Rights (APCR) has called upon the government to prioritise the matter and conduct a prompt, transparent, and impartial investigation into the allegations against Singh.
“The law should apply equally to everybody regardless of their status, position, and power in society. This is crucial to instil confidence among women athletes and the general public,” it has said.
The statement adds that the police’s hostile approach towards protesters raises significant concerns. It also touches upon the centrality of the POCSO charges.
“It is worth noting that the POCSO Act also designates offences falling under Section 10 as cognizable and non-bailable, signifying the seriousness attributed to such offences. Considering the gravity of the allegations and the inherent vulnerability of the victims, it is imperative that swift action be taken in accordance with the provisions of the POCSO Act and the Criminal Procedure Code. But despite the explicit expectations set forth by the POCSO Act, the delay in Bhushan’s arrest raises legitimate concerns,” the statement also highlights.
Poll finds majority support wrestlers
A survey conducted by IANS C-Voter has found that despite a pitched campaign to discredit the wrestlers who are calling for Singh’s arrest, most of the country is keen to support them and wish to see Singh behind bars.
The Morning Context has reported that one of the questions asked was whether the respondent supported the demand of the wrestlers to arrest Singh before the completion of the investigation. Close to 56% said yes and 27% disagreed.
“Across party lines, nearly two-thirds of opposition supporters agree with the demand, while more than 43% of NDA supporters also agree with the demand,” the report said.
Note: This article was originally published at 8:27 am on June 6, 2023 and republished at 9 pm on the same day.