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Charges false, witnesses ‘tutored’: Court in Brij Bhushan order

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The Rouse Avenue Court that had acquitted former BJP MP Brij Bhushan Singh and Wrestling Federation of India (WFI) assistant secretary Vinod Tomar has stated that the sexual harassment accusations were false, fabricated and politically motivated.The detailed judgment by Additional Chief Judicial Magistrate (ACJM) Ashwini Panwar, a copy of which is with The Tribune, said the allegations were a result of a deep conspiracy and that witnesses appeared tutored.“…The court also observed that the entire allegations against the accused are false and fabricated, made collectively at the instance of the prosecution witness (PW) 5, PW 10 and coaches of Mahadev Academy, in a deep conspiracy, which seems politically motivated,” the order said.“The allegations are strikingly similar, made at the same time and at a common place, which shows prior meticulous planning against the accused,” the court said. It further observed that “only reason which appears to mind is that they were tutored, and it was ensured that whatever both of them were to say, the same was said in the presence of PW 10 and the like-minded”.Acquitting both accused, the court held that the prosecution had failed to prove its case beyond reasonable doubt. “Accordingly, upon an overall appreciation of the evidence and the surrounding circumstances, the trial court concluded that after considering all documentary and other evidences and deposition of the witnesses as well as other material on record, this court has no hitch in holding that the prosecution has miserably failed to prove the allegations against the accused beyond reasonable doubt. Accordingly, the accused no.1, Brij Bhushan, stands acquitted of all charges under Sections 354/354A/506 (Part-I) of the IPC and the accused no. 2, Tomar, is acquitted of the charge under Section 506 of the IPC.Two of the original victims, identified as PW 7 and PW 8, turned hostile during the trial. PW 7 said she filed the complaint under pressure from PW 5 and PW 10. “The court further observed that during her testimony in the court, on a court query: as to whether Brij Bhushan had committed any act of sexual harassment or molestation against her or had behaved in a manner that is sexually inappropriate or outrages her modesty, she answered in the negative.. (She) said ‘Brij Bhushan ne mere saath aisa kuch nahi kiya’,” the observation states.“It was told to them at that flat that they had to reiterate same version before the judge as has been mentioned in the complaint before the police. They also stated that they were called to the flat of PW 10 wherein different versions were being explained to different people. They further said a false story had been cooked up to implicate Brij Bhushan. They said the complaint was in English language, which was translated to them in Hindi. They were supposed to memorise it,” the order added.Brij Bhushan’s lead counsel Rajiv Mohan said defence had sought to demonstrate that the allegations were false and that the witnesses had been tutored.“During cross-examination some of them acknowledged that they trained and met at the Mahadev Academy besides three of the six victims had mentioned the same address, which is the flat of PW 10 in their complaints,” Mohan told The Tribune.He further said the trial took this long because the Delhi Police clubbed all six allegations in one case. “It was not an easy case to handle as surprisingly, the police had clubbed all cases as one and that is why it took this long to come to a conclusion,” he added.

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