What lies forward for WFI chief Brij Bhushan after Delhi cops file chargesheet earlier than courtroom?

Express News Service

NEW DELHI: With the Delhi police submitting a chargesheet in opposition to BJP MP and Wrestling Federation of India (WFI) chief Brij Bhushan Sharan Singh earlier than the town’s Rouse Avenue Court for a number of offences below the Indian Penal Code (IPC) in relation to the sexual harassment allegations levelled by the nation’s high feminine wrestlers, all eyes are on the following proceedings within the matter.

In the 550-page report filed earlier than Delhi’s Patiala House Court, the cops additionally sought cancellation of the costs in opposition to him on the premise of a criticism by a minor wrestler below the Protection of Children from Sexual Offences Act (POCSO Act), one of many two circumstances in opposition to him.

According to police, the report for cancellation of POCSO was submitted “under section 173 Cr PC based upon statements of the complainant i.e., the father of the victim and the victim herself.”

Explaining part 173 Cr PC, Supreme Court lawyer Vineet Jindal stated if the investigation officer finds enough proof throughout the investigation, then a chargesheet in courtroom is filed with a request to take cognizance within the offences below which the FIR was lodged. If proof just isn’t enough to file a chargesheet below the offence talked about within the FIR, then a closure report might be filed by the investigation officer. The matter which is now as much as the courtroom might be taken up on July 4.

According to Special Public Prosecutor Atul Shrivastava, police have filed a chargesheet in opposition to Brij Bhushan for offences below Sections 354 (outraging modesty), 354A (sexually colored remarks), 354D (stalking) and 506 (1) (prison intimidation) of the Indian Penal Code (IPC).

Under part 354A of the IPC, punishment might be as much as one 12 months or high quality, whereas below 354 D it’s as much as 5 years and high quality whereas below the POCSO Act, the punishment is a most of seven years which is now in query following the cops’ cancellation report.

ALSO READ | Wrestlers protest: Delhi Police seeks cancellation of case filed by minor in opposition to WFI chief

“Normally when charges are filed under IPC 354, which is a non-bailable offence, based on a complaint of harassment or molestation by a woman, he has to be arrested immediately. Now, as he has not been arrested, it may be easy to get him bail,” says Supreme Court lawyer Aljo Okay Joseph.

Amid the standoff between the highest wrestler and the WFI chief over sexual harassment allegations, the wrestlers even approached the Supreme Court, the place the cops stated an FIR in opposition to Brij Bhushan was registered and the statements are being recorded. As the cops knowledgeable the highest courtroom that the probe is heading in the right direction, the matter was closed earlier than the apex courtroom. The wrestlers have been additionally requested to strategy the suitable courts or excessive courtroom.

A chargesheet has additionally been filed in opposition to WFI assistant secretary Vinod Tomar, accused of abetting an offence and prison intimidation below sections 109 (punishment of such abetment) and 506 (punishment for prison intimidation), along with sexual harassment and outraging a lady’s modesty fees.

Legal scholar and member of the Supreme Court Bar Association Gurmeet Nehra says that there was some essential incriminating proof that got here earlier than the police throughout the investigation on the premise of which the chargesheet was made below part 354, 354 A, 354 D.

“In a society based on rule of law, no one is above the law. Each person no matter how high or powerful he may be, he has to face the rigour of law. However, there is presumption of innocence in favour of the accused, until he is convicted by the court of law,” he added.

NEW DELHI: With the Delhi police submitting a chargesheet in opposition to BJP MP and Wrestling Federation of India (WFI) chief Brij Bhushan Sharan Singh earlier than the town’s Rouse Avenue Court for a number of offences below the Indian Penal Code (IPC) in relation to the sexual harassment allegations levelled by the nation’s high feminine wrestlers, all eyes are on the following proceedings within the matter.

In the 550-page report filed earlier than Delhi’s Patiala House Court, the cops additionally sought cancellation of the costs in opposition to him on the premise of a criticism by a minor wrestler below the Protection of Children from Sexual Offences Act (POCSO Act), one of many two circumstances in opposition to him.

According to police, the report for cancellation of POCSO was submitted “under section 173 Cr PC based upon statements of the complainant i.e., the father of the victim and the victim herself.”googletag.cmd.push(operate() googletag.show(‘div-gpt-ad-8052921-2′); );

Explaining part 173 Cr PC, Supreme Court lawyer Vineet Jindal stated if the investigation officer finds enough proof throughout the investigation, then a chargesheet in courtroom is filed with a request to take cognizance within the offences below which the FIR was lodged. If proof just isn’t enough to file a chargesheet below the offence talked about within the FIR, then a closure report might be filed by the investigation officer. The matter which is now as much as the courtroom might be taken up on July 4.

According to Special Public Prosecutor Atul Shrivastava, police have filed a chargesheet in opposition to Brij Bhushan for offences below Sections 354 (outraging modesty), 354A (sexually colored remarks), 354D (stalking) and 506 (1) (prison intimidation) of the Indian Penal Code (IPC).

Under part 354A of the IPC, punishment might be as much as one 12 months or high quality, whereas below 354 D it’s as much as 5 years and high quality whereas below the POCSO Act, the punishment is a most of seven years which is now in query following the cops’ cancellation report.

ALSO READ | Wrestlers protest: Delhi Police seeks cancellation of case filed by minor in opposition to WFI chief

“Normally when charges are filed under IPC 354, which is a non-bailable offence, based on a complaint of harassment or molestation by a woman, he has to be arrested immediately. Now, as he has not been arrested, it may be easy to get him bail,” says Supreme Court lawyer Aljo Okay Joseph.

Amid the standoff between the highest wrestler and the WFI chief over sexual harassment allegations, the wrestlers even approached the Supreme Court, the place the cops stated an FIR in opposition to Brij Bhushan was registered and the statements are being recorded. As the cops knowledgeable the highest courtroom that the probe is heading in the right direction, the matter was closed earlier than the apex courtroom. The wrestlers have been additionally requested to strategy the suitable courts or excessive courtroom.

A chargesheet has additionally been filed in opposition to WFI assistant secretary Vinod Tomar, accused of abetting an offence and prison intimidation below sections 109 (punishment of such abetment) and 506 (punishment for prison intimidation), along with sexual harassment and outraging a lady’s modesty fees.

Legal scholar and member of the Supreme Court Bar Association Gurmeet Nehra says that there was some essential incriminating proof that got here earlier than the police throughout the investigation on the premise of which the chargesheet was made below part 354, 354 A, 354 D.

“In a society based on rule of law, no one is above the law. Each person no matter how high or powerful he may be, he has to face the rigour of law. However, there is presumption of innocence in favour of the accused, until he is convicted by the court of law,” he added.