(Image source from: dnaindia.com)
No accused in a sexual harassment case can get access to the complaint filed by the woman or kin.
The Supreme Court on Thursday said that no accused in. Sexual harassment case has a right to have a copy of the complaint filed by the victim before the trial.
The woman complainant's statement recorded by the magistrate under section 164 of the criminal procedure code till the trial has taken note of the chargesheet filed.
The ruling from the Supreme Court came at a time when the apex court is discussing about the much discussed case involving former minister Swami Chinmayanand.
He had been an MOS in the government under Atal Bihari Vajpayee.
A bench of judges including Vineet Saran and S Ravindhra Bhat had disapproved the Allahabad High court's decision to send a copy of the girl's statement which has been recorded under section 164 CrPc to Swami Chinmayanand, the accused of the sexual harassment.
The girl was a student of Shahjahanpur law college which is managed by the ashram run by Swami Chinmayanand.
The Supreme Court made it clear that the filing of the charge sheet itself indicates that the accused does not get the copy of any relevant documents filed by the victims side.
No person is entitled to get the copy of the documents unless the court passes the orders after the charge sheet is filed.
Similar to the Hathras case which has garnered the media and public attention, Swami Chinmayanand case too got viral after the girl took to social media to talk about the accused.
She accused Chinmayanand of spoiling the lives of many girls.
However, Chinmayanand had dismissed the charges saying them as blackmailing tactics.
He said that he was demanded to give Rs. 5 crore and the non-payment would lead to ruining of his reputation.
The Supreme Court has taken note of the day on which the incident happened, August 30 last year, when the girl was traced to Dausa in Rajasthan.
The apex court said that it would not express any opinion on the matter but grievances expressed by the girl must be addressed as per the procedure of the law.
The court has deployed a special police team to check into the matter according to the grievances of the girl and her parents.
The Supreme Court had also asked the special investigation team to also check and investigate the FIR lodged by Chinmayanand and also about the alleged demand of money.
By Gayatri Yellayi