The Delhi High Court on Thursday adjourned the hearing of the assault case linked to Aam Aadmi Party (AAP) leader Kumar Vishwas till November 10, after the Delhi Police filed a status report that said that the complainant's friend had denied any such incident having ever taken place.
Kumar Vishwas has challenged a trial court's order to lodge a first information report (FIR) against him on a complaint of a party volunteer that he molested her. The FIR was registered in the first week of March at Sarojini Nagar police station under directions from a trial court for the alleged offences under Sections 354A (sexual harassment) and 509 (word, gesture or act intended to insult the modesty of a woman) of the Indian Penal Code. Both these offences are punishable up to one year imprisonment.
In March this year, the Delhi High Court had issued a notice to the Delhi Police to probe the Kumar Vishwas case, wherein a female party volunteer, had accused Kumar of molesting her.
The high court had also then issued a notice to the volunteer as well.
Justice Sunita Gupta had issued the notices and posted the matter for hearing on July 21 after police stated they had not found any evidence to substantiate the allegations.
"The complainant made the complaint, but there is no proof. For us no cognisable offence is made out. She has been changing her stance everywhere," the police had said then.
Appearing for the AAP leader, senior advocate H S Phoolka had then questioned the "unprecedented over-enthusiasm" shown by the metropolitan magistrate in ordering the FIR for a bailable offence despite the police stating there was no evidence to support the allegations that were made last year.
Vishwas countered the woman's claims stating he never "called or invited the complainant to his political meetings or stage programmes", but the woman "herself chased the petitioner (Vishwas) at every spot".
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