Charge can be framed on the basis of grave suspicion: Court
The veracity of the allegations of the complainant can only be tested on the touch stone of trial, says court.
New Delhi: A Delhi court has refused to discharge a man accused in a sexual harassment case, saying charge can be framed even on the basis of grave suspicion.
Additional Sessions Judge Vrinda Kumari dismissed the appeal of the man, a south Delhi resident, saying, "The complaint is very specific regarding the incident and the offence committed cannot be ignored. It is well settled that charge can be framed even on the basis of grave suspicion."
The court said, "The veracity of the allegations of the complainant can only be tested on the touch stone of trial and at this stage only a prima facie case against the accused is to be seen."
The accused had challenged a magisterial court's order that had framed charges against him under sections 354 (outraging modesty of woman), 354A (sexual harassment), 354 D (stalking) and 506 (criminal intimidation) under the IPC.
The woman had lodged the complaint in 2014 alleging that the man repeatedly molested her and threatened her for over a span of time.
The accused, in his appeal, had contended that there was a delay in lodging the complaint against him and the woman had not specified date or time of the alleged incidents of harassment.
The court, however, rejected his contention saying, "No doubt specific date has not been provided regarding the incidents by the complainant, the complaint is very specific regarding the incident and the offence committed which cannot be ignored."