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SARA POULOSE (yyyyyyy)     30 September 2015

Summons to witness in sexual harrassment complaint

I was subjected to s*xual harrassment on a train while travelling alone. I called for the Ralway Police and I was asked to give a written complaint to the Police. Two years later I was summoned as witness to the Court of the Judicial Magistrate . The police did not provide a lawyer  to help or advise me. The police told me that I could speak to the Judge directly. The accused did not appear in Court that day ! (1)Is this fair that the Police do not present the accused in Court but the Witness is summoned and forced to be present?

 I was asked to tell the Court the details of my complaint.  I was ready for cross examination but the lawyer for the accused said he was not ready for it and that the cross examination should be posted to another day. I have to travel from another State to attend the Court . I told the judge this but still my cross examination was posted to another State. Now I have been summoned again. The police tell me there is no surety that the cross examination will take place but I still have to come from another State and be present in Court. The Police tell me that there is every chance that the case might get postponed and then I will have to come again. Please tell me if this the course of the law will any woman file a complaint  and will any justice be done? This is the very reason that perpetrators of crimes against women are repeatedly happening.

I work as a very senior officer in a private Compnay and so does my husband. Each time not only do I have take leave from work and travel, my husband has to take days off from work and come along with me, not withstanding the travel and stay costs involved etc . (2) Please advise how I can get justice and a closure on the Case. I was under the impression that the law of the land is now changed to protect the rights of women against s*xual harrassment and there would be quick redressal . (3) Also please tell me if it is not necessary and essential  that the police provide a lawyer for me?

Awaiting a learned and correct response. ThankYou. 

 

 

 

 

 

 

 

 

 

 

 

 

 

 



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 1 Replies

Sudhir Kumar, Advocate (Advocate)     30 September 2015

Police appears not taking action properly. No PP appears to be appointed. The tactics of defence counsel are not opposed effectively. Further if the accused is not present then bail should have been cancelled. Better speak to the concerned SP/DIG. Telephone of each SP is available on internet.
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