MUMBAI: “There was no intention, criminal or sexual to harass her,” argued the lawyer of a flyer accused under and questioned whether card can be treated as age proof. The case is under (Pocso) said the prosecution saying the accused had “touched her with sexual intent.”

Sahar police recently filed chargesheet in the actress sexual harassment case that occurred on a Delhi-Mumbai flight that was committed by her co-passenger in December 2017. A special court in Dindoshi on Tuesday heard arguments of prosecution and defence on framing of charge in the case. It is only once the court frames charges can a trial start.

The flyer’s defence counsel Harminder Anand argued that the alleged victim had “not cooperated” with the police and had not even recorded her statement as witness before a magistrate. Anand argued that no case was made out by the police for framing of charge. He said she hadn’t submitted her birth certificate but had merely given an attested copy of Aadhaar which is not treated as a public document under the evidence act.

“She avoided recording her statement as she knew she would be exposed for filing a false case, “ argued the defence lawyer.

Anand read out airline staffs’ statements to show that neither the actor nor her mother were willing to register a police complaint after deplaning and that the accused co-passenger had said he was tired and had sought a blanket to sleep during the entire flight.

Meanwhile prosecutor said that he be tried under Pocso since the actress was a minor and he touched her on her shoulder with sexual intent.

The chargesheet was filed after police has sent four letters asking the minor actor, which she did not respond, to come to record her statement under the Criminal Procedure Code (Cr PC) section 164 to be recorded in front of the honorable magistrate.

The chargesheet was filed before the Dindoshi Court.

Police had last December arrested Vikas Sachdeva (39) under the Protection of Children from Sexual Offences (Pocso) Act and the section 354 (assault or criminal force to woman with intent to outrage her modesty) of the . He was granted bail on January 20. Sachdeva has also apologised then that his act was unintentional.

A after hearing both, posted the matter to pronounce her order on September 1.
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