September 17,2018 :

Court rejected Pachauri's consensual argument that some of Pachauri's remarks were explicit and sexually colored, which constituted prima facie evidence under Section 354 of the CPI.

A court in Delhi rejected the statement of former TERI director RK Pachauri that he was released from the sexual harassment file at his workplace because his relationship with the complainant was "mutual and consensual ".

Taking this line of defense in the case where the complainant, who was his junior colleague, accused him of making sexual advances, the environmentalist stated that he had sent "friendly" messages and emails to the complainant. , "Expresses expressly his dissatisfaction".The court did not accept Pachauri's arguments and ordered Friday the charges in this case. She considered that some of Pachauri's remarks were "explicit" and "sexually colored", which constituted a "prima facie case under Section 354 of the IPC" (assault of criminal force against a woman for her intention). He set 20 October as the date for the framing fees.

Court stated that,"The claims of Pachauri" can not be supported at this stage ... This defense of the accused is a trial that he will have ample opportunity to prove in refuting the prosecution ".

The court stated, "There is a well-established law of principle that, at the impeachment stage, requires the court to consider evidence only to determine whether prima facie evidence is established against the accused. Referring to certain messages and e-mails exchanged between him and the woman, Pachauri pleaded "in the absence of his dissatisfaction with the act, gestures or words of the accused, his plea is made contradictory".

Several e-mails between the two also show that the complainant had "tolerated" his actions, he argued. Referring to Pachauri's alleged remarks such as "Meri jaan ... yeh banda apse hamesha pyar karega (my dear, this guy will always love you)" to the plaintiff, the court observed those who had prima as on the ground of application of Section 509 of the CIP (use of words, gestures or deeds to control the modesty of a woman) and was the first to report in February 2015 that the Delhi police had reserved Pachauri, then 74, after the woman accused him of making sexual advances.

Source: ET

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