New Delhi, Aug 10 Two of the five complainant wrestlers stated that they were "forced/pressured" to level allegations of sexual harassment against former WFI chief Brij Bhushan Sharan Singh, a Delhi court has said in its judgement, noting their testimonies show the case seems to be politically motivated, "false and fabricated, made collectively" in deep conspiracy.
According to the copy of the judgement acquitting Singh, seen by PTI, the court also questioned how the complainants mentioned the "wrong country and year" of the alleged first such incident, saying "the contradiction is fatal to the prosecution case" as "it is not difficult but rather abnormal conduct to not remember the place where the incident of sexual harassment had occurred".
As the complainant wrestlers feared loss of their careers, they said they did not make any allegations against the accused in a timely manner, but "it is not understandable" as to how they maintained "cordial relations" with Singh for years and "he was invited to family functions and wedding ceremonies by the victims", said Additional Chief Judicial Magistrate Ashwini Panwar in his 239-page judgement.
On August 3, the court acquitted former BJP MP and ex-chief of Wrestling Federation of India (WFI) in the sexual harassment case filed by six women wrestlers, including World Championships medallist Vinesh Phogat, on grounds of lack of evidence. Besides Singh, the court also acquitted former WFI assistant secretary Vinod Tomar in the case.
The judgement, which has not been uploaded on the court's website so far, also referred to "tailor-made formal complaints drafted in a fancy manner" with "excessive decoration," filed on April 21, 2023, before the police.
The order said the "victims" mentioned the wrong country and year of the alleged first incident of sexual harassment.
"The contradiction is fatal to the prosecution case. It also affects the credibility of the witness and does not inspire the confidence of this court. The contradiction, rather improvement, is substantial and not a minor one, as the stand on the very first incident (of sexual harassment) has been changed by the witness," it said.
"Keeping in view the aforesaid, I have no hitch in saying that the version given by the (two) victims (who did not support prosecution's case) discredit the prosecution case completely and also show that the entire allegations are false and fabricated made collectively at the instance of (two other complainant wrestlers) and the coaches of Mahadev academy against the accused persons in deep conspiracy which seems to be motivated politically," the verdict said.
It held that the prosecution has miserably failed to prove the allegations against the accused persons beyond reasonable doubt.
The court acquitted Singh of "all charges" under IPC Sections 354 ( assault or criminal force to a woman to outrage her modesty), 354A (sexual harassment) and 506 (I) (criminal intimidation) and Tomar under Section 506 (Part I) of IPC.
"What has transpired from the record is that before sitting on dharna there were no allegations of sexual harassment by (a prosecution witness and wrestler) and no name of any female wrestler who had faced alleged sexual harassment had been mentioned," the judgement said.
After this, some wrestlers, who were "selected", came forward and made similar allegations of sexual harassment, which were "incorporated in the tailor-made formal complaints drafted in a fancy manner with similar excessive decoration" filed on April 21, 2023, before the police, it said.
"To say this, I draw strength from the fact that out of five victims on whose allegation charges were framed against the accused persons, two have not supported the case of the prosecution, and they stated that they were forced/pressured to give their statement at the instance of'¦ (two wrestlers)," it said.
The verdict underlined that nothing has been proved by the prosecution showing that these alleged two victims did not support the prosecution's case due to any overt act attributable to the accused.
It said that the two wrestlers who were projected as victims right from the inception, appeared before the court and were eventually counselled, following which they categorically admitted that no sexual harassment acts were committed against them.
It also flagged the aspect of the complainants remaining silent for a considerable time and maintaining cordial relations with Singh.
"It is also relevant to mention that the victims remained silent for many years after the alleged incidents and besides that, they also kept cordial relations with accused 1 (Singh). Many photographs on record verify the same. He was invited to family functions and wedding ceremonies by the victims," it said.
"It is understandable, as alleged, that accused one (Singh), being the then WFI president, could have spoiled their careers if they had made a complaint against him; however, it is not understandable as to how cordial relations were with him for years," it said.
It noted that although the victims justified their silence, there were people who "witnessed" the alleged acts and were either shocked, disturbed or sad for them.
"Nevertheless, no one was courageous enough to proceed against accused number one (Singh) for these alleged acts? Since nobody made any formal complaint or retaliated to the alleged acts of accused 1, it is highly improbable that the alleged acts are true.
"The victims even met the higher authorities but failed to disclose the alleged acts to them also," the verdict said and underlined inconsistencies and contradictions in the statement of a key prosecution witness.
"The witness stated during her cross-examination that, since she had participated in many tournaments at national and international levels for many years, it was very difficult to recall the name and details of every place," it said.
"No doubt, it is really very difficult for everyone including the victim to remember the name and details of every plate where the tournaments were held, however, it is not difficult but rather abnormal conduct to not to remember the place where incident of sexual harassment had occurred that too, in full public view, in a restaurant, where many sportsperson, coaches including the relatives of the victim were present and the incident was repeated 3-4 times at the said place," the verdict said.
It said the question was never about the place and year of the tournament, but it was about the place and year of the alleged first instance of sexual harassment committed by Singh.
The verdict said all the complainants have deposed that they did not make any allegations against the accused in a timely manner, as they feared loss of their careers, and when they mustered the courage, they ended up mentioning the wrong country and year as the alleged place and year of the incident in question.
