2 days ago
Delhi Court Convicts Man in Neighbourhood Sexual Harassment Case
A Delhi court found Vikas Kumar guilty of sexually harassing a woman during a neighbourhood argument.
The argument began when Kumar objected to the woman and her mother throwing away garbage.
The woman said Kumar held and dragged her and made sexually coloured remarks.
She also said he exposed himself during the incident.
Her mother said Kumar threw a brick at her.
The court believed the women’s main account of what happened.
It convicted Kumar under three sections of the Bharatiya Nyaya Sanhita.
However, the court did not find enough proof that he tried to remove the woman’s clothes.
It also acquitted him of hurting her mother because her testimony and the medical evidence did not clearly match.
Vikas Kumar alias Vicky was convicted under BNS Sections 74, 75(3) and 79.
The case arose from a dispute over garbage disposal on August 3, 2024.
The woman alleged Kumar held and dragged her, exposed himself and made sexually coloured remarks.
The court acquitted Kumar under Sections 76 and 115(2) because of insufficient or contradictory evidence.
The judge found the woman and her mother consistent on the broad sequence of events and called them “sterling” witnesses.
- Who
- Vikas Kumar alias Vicky, the convicted man; the woman and her mother were the complainants and witnesses.
- What
- A Delhi court convicted Kumar of assaulting a woman with intent to outrage her modesty, sexual harassment through sexually coloured remarks, and insulting her modesty, while acquitting him on attempted disrobing and causing hurt charges.
- Where
- The incident occurred in the women’s neighbourhood, and the FIR was registered at Kotla Mubarakpur police station in Delhi.
- When
- The incident occurred on August 3, 2024; the court’s order was dated September 24.
- Why
- The dispute began after Kumar objected to the woman and her mother throwing away garbage.
Prosecution and Court Findings
Defence Position and Acquittals
Credibility of Witnesses
Prosecution and Court Findings
The court found the woman’s and her mother’s accounts consistent on the broad sequence of events and considered them “sterling” witnesses.
Defence Position and Acquittals
The defence argued that the absence of CCTV footage and public-witness statements weakened the prosecution case.
Sexual Harassment Allegations
Prosecution and Court Findings
The court found that the specific sexually coloured remarks, along with holding and dragging the woman and exposing his private parts, supported convictions under Sections 74, 75(3) and 79.
Defence Position and Acquittals
The court did not find sufficient evidence that Kumar attempted to remove the woman’s clothes, an essential element of the Section 76 charge.
Alleged Injury to the Mother
Prosecution and Court Findings
The prosecution alleged that Kumar threw a brick at the mother and injured her during the incident.
Defence Position and Acquittals
The court acquitted Kumar under Section 115(2), citing contradictions about whether the injury was to her foot or head and medical evidence showing no visible or major injury.
Key facts
- Accused
- Vikas Kumar alias Vicky
- Conviction
- BNS Sections 74, 75(3) and 79
- Acquittals
- BNS Sections 76 and 115(2)
- Incident date
- August 3, 2024
- Dispute
- An argument over garbage disposal
- Court
- Delhi court; Additional Sessions Judge Sachin Jain
- Police station
- Kotla Mubarakpur police station
Quotes
Additional Sessions Judge Sachin Jain
The Delhi court judge who presided over the case.
“The testimony is not confined to a general allegation that the accused 'abused' her but attributed specific sexually coloured expressions to him which are not reproduced herein for the sake of brevity. The court therefore finds that the evidence goes beyond a mere allegation of ordinary abuse arising from a neighbourhood quarrel.”
rediff.com
Sources
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