Man to be tried for 'molesting' NE girl
Source: The Sangai Express / Press Trust of India
New Delhi, June 05 2014:
A Delhi court has ordered the trial of a man on the charge of molesting and assaulting a girl from North-East region when she was returning to home with her brother here in February this year.
However, the court discharged the man of the charge of passing casteist remarks against the girl and her brother, punishable under provisions of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) ACT.
Additional Sessions Judge Rajnish Bhatnagar ordered the framing of charges against Kamal under various sections of the Indian Penal Code including outraging the modesty of a woman, voluntarily causing hurt, assaulting a woman with an intention to disrobe her and wrongfully restraining.
The charge of wrongful restraint was also made out against one Manpreet, who was an on-looker accompanying Kamal, for trying to restrain the victim.
He was also discharged under the SC/ST Act.
After discharging both the men under the SC/ST Act, the sessions judge remanded the case back to the magisterial court saying "all the offences under which Kamal and Manpreet are liable to be charged are triable by the court of magistrate" .
According to the police, a girl belonging to North-East region lodged a complaint against Kamal on February 28 this year alleging that when she was going home with her cousin brother at night, she was teased by the accused who began passing lewd comments and castiest remarks at her and her brother.
When her brother urged him to refrain from using derogatory words, Kamal beat him up till he fainted, police had said.
Manpreet had allegedly blocked the girl's way and also threatened her when she tried to call the police.
The police said when the girl tried to save her brother, Kamal hit her and tried to disrobe her, and added that Kamal was liable to be charged under the SC/ST Act.
Meanwhile, the court also rejected Kamal's bail plea saying the allegations against him were "grave and serious in nature" .
"It is a settled proposition of law that at the time of framing of the charge only grave suspicion is to be seen and when grave suspicion arises, charge can be framed against the accused.
"..So, looking into the allegations against the accused which are grave and serious in nature and other material available on record, a prima facie case is made out against Kamal and he is liable to charged under sections 323 (causing hurt), 354, 354A, 354B (relating to molestation and disrobing) and 341 (wrongful restraint) of the IPC," the court said.
The court discharged Kamal from being tried under the SC/ST Act while accepting the contention of the defence counsel that the complainant has not stated that Kamal does not belong to SC/ST community which is pre-requisite for charging a person under the stringent provision.
"Nowhere in the entire complaint the girl has mentioned that Kamal was not a member of SC and ST category...
"...by simply alleging in the complaint that the girl belonged to a Scheduled Tribe, that is why she was molested, is not enough to bring the case within the purview of the SC and ST Act.
So in these circumstances, the complaint lacks in basic ingredients of offence," the court said while discharging Kamal of the charges under the Act.
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