A complaint of sexual harassment is devastating. A person's reputation is destroyed in society and before his own family. Media judges him without a trial. The damage is irreparable.
Then after some time ordeal starts before some Judge.
The Complainant has to prove two things first:-
1. The act was done. CCTV footage or witnesses can prove it.
2. Then it has to be further proved that it was done with criminal intention.
Now the intention cannot be proved through CCTV.
So the Judge will ask further FOUR questions:
1) What is the background or past history of the woman who has complained.
2) What is the background or past history of the accused against whom complaint is filed.
3) What can be the other motives of woman-complainant in filing such a complaint, apart from seeking Justice? Could she be lying for some ulterior motives?
4) What is the defence of accused? Could he be telling truth?
In addition to this,the judge will also ponder about timing of complaint. Examination of timing sometimes lead to important discoveries.
After looking at these four aspects, the judge forms an opinion.
Haresh Raichura
(Lawyer, Supreme Court of India), on twitter @hareshraichura, profile on LinkedIn as Haresh Raichura
