Arunabh Nathuni Kumar, the founder of the OTT platform "The Viral Fever," was recently cleared of sexual harassment charges under Section 354A of the IPC by a Metropolitan Magistrate.
In the ruling, Metropolitan Magistrate AI Shaikh stated that the prosecution had not shown any tangible evidence and that there were several inconsistencies and contradictions in the case.
"Even, there is unreasonable and unexplained delay in filing F.I.R. which raised the clouds on the case of prosecution. Even it can be said that the said complaint is filed out of grudge or rivalry on reason of business between accused and informant," said the court.
Additionally, it said that all witnesses are "interest witnesses" and work in the same field as the defendant. The woman's husband, who was at the time her boyfriend, was one of the four witnesses who were questioned throughout the trial.
"Therefore, the prosecution failed to prove their case beyond reasonable doubt. Hence, I hold that the prosecution failed to prove guilt of the accused," said the court.
In a 2017 complaint, the woman claimed that Kumar had harassed her sexually at some point in June of that year. Inappropriately touching her and saying "Tum Mere Sath Mere Ghar Main Chalo Main Tumhe Aam Khata Hoon," she claimed he did to her.
Both the complainant's and the accused's offices were close by.
According to the lawsuit, she learned of Kumar's allegedly inappropriate actions with other women in 2017 and made the decision to pursue legal action against him. During the MeToo movement in 2017, Kumar was accused of sexual harassment by over nine different women.
The court in the order reproduced her cross examination wherein "she also admitted that after the incident she did nothing, she did not shout, she did not slapped, when the accused had done alleged incident. She has not directly gone to the police station. She also admitted that she had been silent about the incident for three years. She has not given any print of the screenshot of facebook which were uploaded by the different girls. The suggestions put to her she had filed false case only to extort the accused."
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