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A Mumbai court has acquitted film director Subash Kapoor in a 2014 sexual harassment case by observing silence on the part of a woman who is “mature and educated” to raise a complaint against the accused and delay in filing FIR created doubt about the truthfulness of the incident.
The FIR in the case was filed in 2014 on the complaint of the woman, a journalist, who had claimed the director had, in May 2012, misbehaved with her in her home.
Kapoor was acquitted by Metropolitan Magistrate (Andheri) AI Sheikh on December 12, though the detailed order was made available on Saturday.
The court, in its order, said the complainant did not raise any alarm at the time of the incident when she could have shouted for help, and the prosecution had also failed to explain why she and her kin and friends had kept themselves away from taking action against the accused.
The court said the complainant was a “well educated and mature” woman who had worked in a leading newspaper and entertainment channel, adding “in such a situation silence on the part of the informant to raise any complaint against the accused about the incident creates the doubt about the truthfulness in the story”.
As per the complaint, the accused and some other friends had come to her house in May, 2012 after having dinner and drinks.
While most of the group left between 2:30-2:200am, the accused went to the bedroom and did not return for a while.
A friend who was sent to check on him returned saying the latter was unwell, the complaint stated.
This friend too left some time later citing urgent work, after which the accused came out of the room and misbehaved with her, as per the complaint.
In its order, the court said no satisfactory reason was given for delay of two years in filing an FIR.
“Moreover, it reflects that the informant (woman complainant) did not diligently approach police authority against the accused. The prosecution has failed to give cogent evidence about the delay of lodging of FIR by the informant,” it added.
The delay in registering an FIR and failure to explain the delay, unfortunately, goes in favour of accused, the magistrate said in the order.
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