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Not Sexual Harassment, Complainant Wearing Provocative Clothes: High Court

74-year-old Mr Chandran produced images of the complainant in courtroom.

New Delhi:

Sexual harassment is not going to prima facie stand because the complainant was carrying a sexually provocative gown, stated the Kerala High Court whereas granting bail to activist Civic Chandran on Wednesday.

A social activist and creator, Mr Chandran has been accused of sexual harassment in a case courting again to 2020. The complainant, a younger author, has accused Mr Chandran of sexually harassing her at a camp in Nandi Beach in February 8, 2020.

Along together with his bail software, 74-year-old Mr Chandran additionally produced images of the complainant in courtroom.

Reserving its order, the Kerala High Court stated the offence beneath Section 354A of the Indian Penal Code can not stand because the lady was carrying “sexually provocative dresses”.

“The photographs produced along with the bail application by the accused would reveal that the defacto complainant herself is exposing to dresses which are having some sexual provocative one,” learn the courtroom order. “So Section 354A will not prima facie stand against the accused.”

The Kerala High Court additionally expressed its disbelief that Mr Chandran, aged 74 and bodily challenged, may drive himself upon one other particular person.

“Even admitting that there was a physical contact it is impossible to believe that a man having aged 74 and physically disabled can forcefully put the defacto complainant in his lap,” the order learn.

According to the complainant, Mr Chandran had convened a camp at Nandi Beach on February 8, 2020. At the camp, Mr Chandran forcefully took her to a secluded place, requested her to lied down on his lap and pressed her breasts.

The Koyilandy police registered the case for offences beneath Sections 354A(2), 341 and 354 of the IPC on 29 July this yr.

The defence counsel countered by terming the case as “false” and “cooked up” by the enemies of the accused. The defence additionally requested why it took greater than two years to register the case when the alleged offence occurred in 2020.

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