4 women wrestlers challenge Brij Bhushan's sexual harassment case acquittal

Four women wrestlers moved a sessions court on Friday, challenging a magistrate’s order that acquitted former Wrestling Federation of India (WFI) chief Brij Bhushan Sharan Singh in a sexual harassment case. The plea additionally assails the acquittal of former WFI assistant secretary Vinod Tomar, who had been charged with criminal intimidation in the matter.

On August 3, the magisterial court had acquitted the former BJP MP and ex-chief of the WFI in the case filed by six women wrestlers, including World Championships medallist Vinesh Phogat, citing a lack of evidence. Alongside Singh, the court also acquitted Tomar.

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According to the appeal filed on Friday, the acquittal order was "erroneous and unsustainable in law".

Special Judge Dig Vinay Singh is likely to hear the matter on Saturday.

Earlier, the magisterial court’s ruling noted that two of the five complainant wrestlers stated they were "forced/pressured" to level allegations of sexual harassment against Singh.

The order stated that it appeared from their testimonies that the allegation was politically motivated, "false and fabricated, made collectively" in deep conspiracy. The court also questioned how the complainants mentioned the "wrong country and year" of the alleged initial incident, observing that "the contradiction is fatal to the prosecution case" as "it is not difficult but rather abnormal conduct to not remember the place where the incident of sexual harassment had occurred".

While the complainant wrestlers explained that they delayed making allegations against the accused out of fear for their careers, "it is not understandable" how they maintained "cordial relations" with Singh over the years, with "he was invited to family functions and wedding ceremonies by the victims", according to the 239-page judgement.

The magisterial court acquitted Singh of "all charges" under IPC sections 354 (assault or criminal force to a woman to outrage her modesty), 354A (sexual harassment), and 506 (I) (criminal intimidation), while clearing Tomar under Section 506 (Part I) of the IPC.

The verdict stressed that the prosecution failed to prove these two alleged victims refused to support the prosecution's case due to any overt act attributable to the accused.

Finally, the court noted that the two wrestlers, who were projected as victims right from the inception, appeared before the court, were counselled, and subsequently categorically admitted that no sexual harassment acts were committed against them.