New Delhi: Delhi Police Thursday filed a chargesheet against Bharatiya Janata Party (BJP) MP and benched Wrestling Federation of India (WFI) chief Brij Bhushan Sharan Singh for sexually harassing, using criminal force to outrage modesty and stalking women wrestlers, under sections 354A, 354 and 354D of the Indian Penal Code (IPC), ThePrint has learnt.
All these are bailable offences.
Police sources told ThePrint that the chargesheet against Bhushan mentions that detailed statements of the six women wrestlers who complained against Bhushan have been corroborated by more than four other wrestlers and coaches, and comes after examination of over 200 witnesses, including, trainers, participants, event organisers and members of the federation.
This corroboration of the complaint is what has been cited as main evidence in the chargesheet, police sources confirmed.
According to the sources, the chargesheet against Bhushan says, “Based on the evidence collected, Bhushan has been charged under relevant sections of the law and we request the court to take cognizance.”
Charges have also been filed against WFI assistant secretary, Vinod Tomar — allegedly a close aide of Bhushan — for molestation, sexual harassment and criminal intimidation.
However, a report submitted by police under section 173 of the Code of Criminal Procedure (CrPc), requests for cancellation of the case filed against Bhushan under Protection Of Children from Sexual Offences (POCSO) Act, sources added.
Two FIRs were filed against Bhushan on 28 April, based on complaints filed by seven wrestlers, including a minor, who alleged sexual harassment and discrimination during trials and selection for championships, after they refused Bhushan’s alleged advances.
The father of the minor wrestler later, however, recorded a fresh statement at Patiala house court on 5 June, in which he retracted the charge of sexual harassment brought against Bhushan.
Bhushan had earlier denied all the allegations against him, terming them “politically motivated”.
Though complaints filed by six women wrestlers against Bhushan were earlier clubbed under one FIR, the chargesheet discusses each of their cases separately, citing evidence in each, ThePrint has learnt.
While Bhushan has been charged with sexually harassing all six women, the charge of stalking has been invoked only for one complainant. Similarly, charges of using criminal force have been invoked for two complaints.
Wrestlers protesting against Bhushan at Delhi’s Jantar Mantar, have been demanding his arrest for months. On 7 June, Union Sports Minister Anurag Thakur met Olympic medallists Bajrang Punia and Sakshi Malik, who were among those leading the agitation against Bhushan, and assured that a chargesheet in the case would be filed by 15 June, following which the wrestlers suspended their agitation.
Also read: ‘Left our rooms in groups to avoid being alone with him’ — what FIRs against Brij Bhushan allege
‘No technical evidence, case based on corroboration’
Although corroboration of the allegations made by the women wrestlers by coaches and participants forms a major part of evidence in the chargesheet, call detail records (CDR) from last year have also been placed on record.
Moreover, videos accessed of the wrestlers’ deposition before a probe committee set up by the sports ministry, alleging sexual harassment by Bhushan, have also been placed on record.
The challenge according to police sources, however, is that no technical evidence from before last year could be placed to corroborate the claims of wrestlers.
“Since allegations date back to 2012 and after that, which is more than a year old, no technical evidence was available,” one of the sources told ThePrint, adding that CDR which are more than a year old can’t be accessed under law.
One of the complainants had alleged that in 2012 after a championship, Bhushan called her to his room where he was sitting on his bed and made her speak to her parents over the phone. He then allegedly hugged her tightly and when the wrestler, who got uncomfortable, started crying, he told her that it was a “father-like hug”.
Following that Bhushan allegedly repeatedly called the wrestler on her mother’s phone under one or the other pretext, so much so that she had to change her number.
The women have also alleged that Bhushan assaulted them inside the WFI office premises many times and openly at wrestling events and championships.
“Since the alleged offence was committed either behind closed doors or at an event in which the camera could not catch the accused in the act, there is no electronic evidence available in the case,” the source added. “In such cases, however, the statement and its corroboration is evidence enough.”
(Edited by Poulomi Banerjee)
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