New Delhi: The prosecution on Saturday asserted that former Wrestling Federation of India (WFI) president Brij Bhushan Sharan Singh knew exactly what he was doing when he allegedly engaged in acts intended to outrage the modesty of women wrestlers.
Additional Public Prosecutor (APP) Atul Kumar Srivastava, representing the case against the BJP MP, who is accused of sexual harassment by female wrestlers, argued in court on Saturday, "Whenever and wherever he got the opportunity, he outraged the modesty of the complainants."
APP Srivastava, relying on legal precedents, said that to make a case under Section 354 of the Indian Penal Code (IPC) (using assault or force with the intention of outraging the modesty of a woman), only the intentions of the accused are important.
He further argued that the reaction of the victim is not a determining factor in establishing a case under Section 354.
Earlier, Senior Advocate Rajiv Mohan, representing Bhushan, had argued that a case under Section 354 within India was not applicable, asserting that mere physical contact with a woman without sexual intent does not amount to a criminal offense.
Mohan had also argued earlier that sanction under Section 188 of the CrPC is required for cases that have taken place outside India.
Citing various judgments, Srivastava said that sanction is required only if all offences committed are outside of India.
The APP further argued, using various judgments, that there was a connection and commonality between the incidents that occurred with all the six complainants and, hence, clubbing of the FIRs made sense.
Earlier, Mohan had also argued that a case of Section 354A (sexual harassment) was made out against Bhushan and that an offence committed under this section was time bound.
He, therefore, questioned, the delay by the complainants.
However, senior advocate Rebecca John, representing the six wrestlers, had argued earlier that Bhushan touched the complainants inappropriately under the false pretext of checking their breath and, hence, a case of using force to outrage their modesty was made out.
The matter was being heard in Additional Chief Metropolitan Magistrate Harjeet Singh Jaspal’s court and will now be heard on October 7.
It is expected that Rajiv Mohan, representing the accused, will make his arguments in the next hearing.