A court here has refused to quash criminal proceedings against a man accused of molesting and assaulting his tenant and her friend when they refused to vacate his house.
Additional Sessions Judge A K Kuhar said "prima facie offences were made out" against the man, a south Delhi resident, as at the stage of framing of charge oral statements of witnesses cannot be ignored.
"At the stage of framing of charge, when prima facie case is made out, oral statement of witnesses cannot be ignored. Therefore, a charge under section 354 (molestation) of IPC is prima facie made out against the revisionist(accused)," the judge said while disposing of the revision petition of the accused against framing of charges.
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In his plea, the man contended that the magisterial court mechanically passed the order without considering that a video clipping allegedly showing the man molest the two, recorded by the woman's brother, was not submitted before it.
However, the court rejected this contention, saying "if any video clippings of the incident has not been placed on record, the revisionist can draw the advantage of the same during the trial".
According to the complaint, on August 27, 2015 the landlord enteredintotheflatofthe complainant, started hurling abuses at heraswellasherfriend, and threw their belongingsoutsidethehouse.
The complainant's brother, who was also present there, was alsoabusedwhile the two women were pushedandslapped by the accused, it said.
An FIR was lodged against him for the offences including those punishable under sections 354 (molestation), 448(house- trespass), 452(house-trespass after preparation for hurt, assault or wrongful restraint) and 323 (voluntarily causing hurt) of the IPC.
The court noted that the allegations against the accused were "very categorical" in the statement that complainant has been hit by him and when her friend tried to save her, she was also treated similarly.
It, however, said that the veracity of these allegations could be tested during the trial when these witnesses will be examined in the court.
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