'Unreasonable Delay In Filing FIR, Complaint Filed Out Of Grudge': Mumbai Court Acquits TVF founder Arunabh Kumar In Sexual Harassment Case

LIVELAW NEWS NETWORK

29 Dec 2022 11:35 AM IST

  • Unreasonable Delay In Filing FIR, Complaint Filed Out Of Grudge: Mumbai Court Acquits TVF founder Arunabh Kumar In Sexual Harassment Case

    A Metropolitan Magistrate recently acquitted OTT platform 'The Viral Fever' founder Arunabh Nathuni Kumar of sexual harassment charges under Section 354A of the IPC.Metropolitan Magistrate AI Shaikh in the judgement said no concrete evidence was produced by the prosecution and that there is material discrepancy and contradiction in the case."Even, there is unreasonable and unexplained...

    A Metropolitan Magistrate recently acquitted OTT platform 'The Viral Fever' founder Arunabh Nathuni Kumar of sexual harassment charges under Section 354A of the IPC.

    Metropolitan Magistrate AI Shaikh in the judgement said no concrete evidence was produced by the prosecution and that there is material discrepancy and contradiction in the case.

    "Even, there is unreasonable and unexplained delay in filing F.I.R. which raised the clouds on the case of prosecution. Even it can be said that the said complaint is filed out of grudge or rivalry on reason of business between accused and informant," said the court.

    It also said that all witnesses are "interest witnesses" and involved in the same industry where the accused is also doing business.  A total of four witnesses including the woman's husband - who was then her boyfriend, were examined during the trial.

    "Therefore, the prosecution failed to prove their case beyond reasonable doubt. Hence, I hold that the prosecution failed to prove guilt of the accused," said the court.

    The woman in her complaint filed in 2017 had alleged that sometime in June 2014, Kumar sexually harassed her. She accused him of touching her inappropriately and telling her 'Tum Mere Sath Mere Ghar Main Chalo Main Tumbe Aam Khilata Hoon'.

    The offices of the accused and the complainant were nearby.

    In 2017, the complaint said, she came to know about Kumar's alleged bad behaviour with other women and decided to take action against him. Over nine woman had accused Kumar of sexual harassment in 2017 during the MeToo movement.

    The court in the order reproduced her cross examination wherein "she also admitted that after the incident she do nothing, she did not shout, she did not slapped, when the accused had done alleged incident. Even she has not directly went to the police station. She also admitted that she had silent about the incident for three years. She has not given any print of the screen shot of facebook which were uploaded by the different girls. The suggestions put to her she had filed false case only to extort the accused."

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