New Delhi [India], April 30 (ANI): The Rouse Avenue court on Wednesday allowed a revision petition moved by AAP leader Somnath Bharti. He had challenged the order dismissing his applications seeking permission to summon additional witnesses in his defence.
He also sought to place on record seven video clips of an incident that occurred in Malviya Nagar in 2014.
An FIR was registered on the order of the court based on a complaint filed by the victim, who is an African woman. She had alleged molestation by a group of people.
Special Judge Vishal Gogne said, “The revision petition is allowed with liberty to the revisionist to lead further evidence in defence in terms of his applications dated 30.08.2024 and 11.11.2024, which are deemed to be allowed.”
“The Trial court shall pass appropriate directions regarding mode of proof of the video clips in question and the tender of the record relating to FIR of 2015, Police Station Malviya Nagar in evidence,” Special Judge Vishal Gogne said in the judgement passed on April 30.
He had challenged the order dated 19 November 2024, which dismissed his two applications praying for the summoning of additional witnesses during the leading of his evidence in defence.
In one application, he sought to place on record seven video clips purportedly reflecting either the media reporting regarding the prevalence of prostitution in Delhi, especially the area of Khirki Extension or the purported efforts of the revisionist to curb such prevalence.
The second application sought permission to place on record documents related to an FIR lodged in 2014 at the Malviya Nagar police station.
Bharti had challenged the order of 27.11.2024, which dismissed his application for revision under section 76 of the Indian Evidence Act, praying for liberty to place on record the certified copy of the judicial proceedings in the above-mentioned separate FIR 2014 of Police Station Malviya Nagar.
The Trial Court recorded that none of the videos in question were relevant for proving the defence of the revisionist.
It was observed in the context of the 2014 FIR documents that the observations in the matter were not final and that the testimony of witnesses in the trial could not be relied upon. Furthermore, one of the witnesses in the said FIR, namely Aditya, had in fact been examined in the present trial related to the 2014 FIR.
In the second order, the challenge essentially found the fresh prayer of the accused to be allowed to be placed on
Record the certified copy of the charge sheet in FIR of 2014 to be in the face of the order dated 19.11.2024, which had dismissed the same prayer.
Advocate S.P. Kaushal, Counsel for the revisions, argued that the trial court had grossly misappreciated the grounds urged in the two applications, which were dismissed on 27 November 2024, finding the projected defence to be irrelevant.
He also argued that since the video clips reflected media reporting of the activities related to prostitution in the precise area where the accused allegedly accosted Women of African origin, these videos would counter the prosecution’s allegations.
The incident occurred between midnight on 15 January and 16 January 2014. The present FIR was registered on a complaint made by Ms D (names of all victims are concealed in the present order as the alleged offences are also under sections 354 and 354A IPC) under section 156 (3) Cr.PC through order dated 18.01.2014 of the court of learned Metropolitan Magistrate of South District, Saket Court, New Delhi.
The complainant, who is a person of African origin, alleged in her complaint that she, alongwith her sister and other natives, came to India on 03.01.2014 for her medical treatment. Since the treatment was taking a long time, she hired accommodation in Khirki Extension, Malviya Nagar, New Delhi.
It was alleged that on the night of the incident, a group of people reached her accommodation and allegedly molested her. The complaint alleged that she was very frightened and tried to resist them, but the assailants started humiliating her by touching her body parts.
They threatened to kill her if she shouted. They even allegedly tried to search for all her articles. The assailants even forced the complainant to come out of her house and dragged her to the car.
After the incident, the complainant, while watching television, purportedly identified some of the persons who
had trespassed, assaulted, misbehaved, threatened and molested her on the date of the incident. The complainant learned through the media that the assailants were affiliated with the Aam Aadmi Party and had been led by the local MLA, identified as Somnath Bharti.
A charge sheet was filed against Bhati and the person accused of commission of offence under section 323/354/354c/153a/147/149/452/ 186/353/356/143/152/506/509/427/341/342/34 of IPC. (ANI)
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