The Kozhikode Court of Sessions expressed disbelief that 74-year-old physically disabled Civic Chandran, a defendant in the case, could force the plaintiff onto her knees and press her breasts.

Kozhikode Sessions Court grants bail to author and social activist Civic Chandran in sexual harassment case.

Thiruvananthapuram: The Kozhikode Magistrate’s Court observed on Wednesday that sexual harassment would not exist on its face when the woman (complainant) was wearing “sexually provocative attire”, as it granted bail to author and social activist Civic Chandran in a sexual harassment case.

Chandran had also produced the photographs of the woman with the bail application.

The court said that according to the photographs provided by the defendant, the plaintiff exposed herself to dresses which caused a certain sexual provocation. “Thus, Section 354A will not prima facie oppose the accused,” the court added.

The court also expressed disbelief that the 74-year-old physically disabled defendant could force the complainant onto his lap and press her breasts.

The Sessions Court further observed that it is clear from the wording of Section 354 that there must be an intent on the part of the accused to offend a woman’s modesty. Section 354A deals with sexual harassment and its penalties.

He further stated that to attract Section 354A, there must be physical contact and advances, including unwelcome and explicit sexual overtures, and there must be remarks or requests or requests for sexual favors to sexual connotation.

Producing the bail application in court, the attorneys appearing for the defendant, Attorneys PV Hari and Sushama M, called the case a “bogus” case that was fabricated against the defendant by some of his enemies. to take revenge.

He further stated that the case was filed almost six months after the alleged incident and demanded an explanation from the prosecution.

The lawyers further handed over the photographs posted by the complainant on her social media account and stated that she was accompanied by her boyfriend at the scene of the incident and that there were a number of people present at the scene. time of the alleged incident and no such complaint was raised against the accused.

Meanwhile, the prosecution alleged that the defendant made sexual advances to the complainant who is a young writer and attempted to outrage her modesty at a Nandi beach camp in February 2020. A case was registered by Koyilandi Police under Sections 354A(2), 341 and 354 of the Indian Penal Code.

With contributions from LiveLaw

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