The Delhi High Court has dismissed the plea of a man, seeking quashing of criminal proceedings against him for allegedly molesting a woman colleague, claiming that he never had an inclination towards women and was in the process of transitioning into a female.
- The man and woman were working together at a company in Noida in 2014
- According to the woman, she was molested by the man at a party in a Connaught Place pub in 2014
- FIR of molestation was lodged in October 2016
- The man who was facing criminal proceedings, turned up at Delhi High Court dressed as a woman himself wearing make-up and having a woman-like hairstyle
- He claimed that he never had any liking towards women as he himself was transitioning into a female
- Adding further the man claimed before the court that he is suffering from gender dysphoria since his childhood and could not have molested the complainant
- The accused asserted that his relationship with the woman was like a ‘sister’
- After making all the claims before the court, the accused then demanded quashing of the molestation case that was filed at the Connaught Place police station in Delhi
- He also claimed that the complainant was ready to settle the case
- The accused, in the quashing petition, claimed that the FIR has arisen out of some confusion and misunderstanding as he had no intention to commit the alleged offences and that the charge of molestation is not made out
- However, the Delhi High Court has rejected the plea of the accused
- The 33-year-old victim, who is suffering from multiple sclerosis and is bed-ridden, refused that she and the accused had reached a compromise
- The woman survivor was brought to the court in a wheel-chair
- The woman said she made several complaints to the organisation but they failed to take any action and gave an order in favour of the accused
- A trial court, in August this year, had framed molestation charge against the accused and discharged him of the offences of criminal intimidation and uttering a word or making gesture intended to insult the modesty of a woman
- The lawyer of the victim claimed that it is pertinent to mention that the recent affidavit annexed with the petition mentioned the accused to be a man
Advocate Umesh Joshi, appearing for the complainant, said the woman categorically denied her consent to get the FIR quashed and on the last hearing the accused got some other lawyer to appear on behalf of the victim without her knowledge and even forged her signatures. On behalf of the victim, her sister told court,
I would like to go ahead with the case. There is no compromise
After hearing the arguments in the case, the court of Justice Suresh Kumar Kait rejected the plea of the accused.
This is a condition of feeling one’s emotional and psychological identity as male or female to be opposite to one’s biologically assigned sex/gender.
- While it is not clear how the accused actually molested the victim, it is pertinent to note the time lapse between the alleged incident in 2014 and the FIR filed in the matter in October 2016
- Making obscene gestures without the intent of sexually harassing a woman, could also pass off as molestation
- However, we are not judging either sides, but pointing out how word of the woman ultimately prevails in all such cases
- The courts often don’t get any substantial evidence against these charges, and thereby rely on the version of the alleged victim
- In this case, perhaps claiming to have personality issues by the man seems to be a bit stretched; to find his way out of the biased laws
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