Court Convicts Former Delhi High Court Bar Association President Rajiv Khosla For Assaulting Woman Lawyer In 1994

After a span of over 27 years, a Delhi Court has convicted former Delhi High Court Bar Association President Rajiv Khosla for assaulting a woman lawyer in the year 1994.

Chief Metropolitan Magistrate Gajender Singh Nagar was of the opinion that the testimony of the woman qua her allegation of being pulled by hair and arm by Khosla and the threat that she will not be allowed to practice from Tis Hazari Court was "absolutely truthful and creditworthy."

"Her sole testimony inspire confidence in the mind of the court, thus she has successfully proved all the ingredients of offences punishable under Section 323/506(i)IPC in the present matter. Thus, accused namely Rajiv Khosla is hereby convicted for commission of offences punishable under section 323/506(i)IPC," the Court said.

Complainant Sujata Kohli, who was a practicing lawyer earlier, became a judge in the Delhi judiciary and retired as District and Sessions Judge last year.

The allegations against Khosla were that in July 1994, when he was the Secretary of Delhi Bar Association, he had asked Kohli to join a seminar and on her refusal, threatened her that all facilities from the Bar Association would be withdrawn and she would be dispossessed of her seat as well.

A civil suit was filed by her seeking appropriate injunction however, her table and chair were removed from its spot. It was thereafter alleged by her in the complaint that when she was sitting on a bench placed nearby her seat while waiting for visit of the Civil judge, Rajiv Khosla alongwith co-accused had came with a mob of 40-50 lawyers.

According to the complainant, they all surrounded her, and Khosla stepped forward and pulled her from her hair, twisted her arms, dragged her by hair, uttered filthy abuses and threatened her.

While the FIR was lodged by police in August 1994, the complainant had filed a complaint case on being utterly dissatisfied with the investigation in March 1995.

"Delhi Bar Association is undisputedly a very strong and formidable body of lawyers and more often, police is very slow in taking any action when it comes to lawyers. In the case in hand the accused was a prominent leader of Bar, at the relevant time he was Honorary Secretary of the DBA," the Court said on the aspect of Police witnesses not supporting the case of the complainant.

The Court was of the view that the act of pulling someone from hair and arm would result in bodily pain and thus offence under Section 323 (voluntarily causing hurt) IPC was made out as bodily pain was inflicted on the complainant.

On the argument that the complainant could not bring any independent witness to corroborate her version, the Court was of the view:

"It is common knowledge that now a days people are becoming self-centered and they find it safe to keep mum even if they see an injustice being done to any person. This is becoming harsh reality these days. These days nobody comes forward to save some one or to stood witness for someone unless and until one has personal interest in the matter."

"The complainant was an advocate, she was aware about all the legal provisions, if she had to cook up a story she could have easily made up a story that in the late hours after dark she was attacked or molested by the accused which is not the case here. In the present case complainant has alleged the attacked in the broadly day light in presence of a number of lawyers, soon before the visiting of Ld Civil Judge. It is impossible for a person to so minutely cook up a story as allegedly done by the complainant."

Accordingly the Court convicted Khosla in the matter.

The Court will now hear arguments on sentencing on November 15.

Case Title: SUJATA KOHLI (STATE) VS. RAJIV KHOSLA & ORS.

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