Summary: In a recent decision, the Telangana High Court dropped some of the charges against three people accused of assault and disrespecting a woman's dignity. The court found there wasn't enough proof for some accusations, so the case will continue only on certain issues.
On December 13, 2024, a police report was filed saying that an incident happened on December 11, 2024, involving bad language and physical assault in an elevator at Lanco Hills, Hyderabad. The argument led to a meeting to resolve the issue, but things got worse, and the petitioners were accused of disrespecting a woman's dignity.
The petitioners, Kasturi Rajendra Mohan, Pasumarthy Venu Madhav, and Kotha Venkatanarayana, were accused under Sections 74, 115(2), and 352 of the Bharatiya Nyaya Sanhita (BNS) 2023. Their lawyer argued that the charges were made in revenge and didn't have specific proof. He claimed the accusations were made up, with no plan to do the alleged actions.
"The complaint is a retaliatory 'counter-blast' to an earlier police report," argued the petitioners' lawyer.
The State of Telangana, represented by the Additional Public Prosecutor, opposed the petition. The prosecutor argued that witness statements backed up the charges and that the trial court should decide if the offense applies.
"Given the existence of initial evidence that suggests a trial is needed, dismissing the proceedings now is not justified," stated the prosecutor.
Justice N. Tukaramji looked at the case details and past legal decisions. The court noted the lack of specific claims or proof of intent required under Section 74 BNS, which deals with disrespecting a woman's dignity.
"Mere acts, such as pulling or holding a woman’s hand, without the required intention or knowledge, do not count as the offense," the judgment noted.
The court dropped the charges under Section 74 BNS against the petitioners, finding them unsupported due to lack of evidence. However, other charges remain, and the case will proceed on those grounds.
"The decision of the trial Court regarding Section 74 of BNS against the petitioners is not supported," concluded Justice N. Tukaramji.
This decision is a partial win for Kasturi Rajendra Mohan, Pasumarthy Venu Madhav, and Kotha Venkatanarayana, allowing them to fight the remaining charges in the trial court.
