New Delhi. In the case of sexual abuse against Brij Bhushan Sharan Singh, President of Wrestling Federation of India, news came on Tuesday that the victim’s minor wrestler has withdrawn his case. Although the victim’s father has denied all this news. He says that he will fight till the end. Confusion arose in this matter when the Indian Express quoted sources in one of its reports that the minor wrestler has filed a new statement before the magistrate asking him to withdraw the case. What are the legal aspects of withdrawing the complaint? Let us understand this.
Delhi Police has registered two FIRs against Brij Bhushan Sharan Singh. The first FIR was registered under the POCSO Act on the basis of the statement of the minor wrestler. The second FIR is related to breaking the dignity of women. However, Delhi Police has not arrested Brij Bhushan Singh in any case yet.
Can the victim really withdraw the case?
Senior advocate and social activist Vrinda Grover explained the entire episode in simple language. Talking to The News Minute, he said, ‘Even if the minor gives a different statement before the magistrate or asks to withdraw his complaint and FIR, it is nothing more than an illusion. Such reports create confusion in the minds of people.
complaint cannot be withdrawn
The news of the minor recording a fresh statement under section 164 of the CrPC before the magistrate came to the fore. However, regarding this, Vrinda Grover said, ‘The statement of 164 has a lot of meaning because it is given in front of the magistrate and it also has the signature of the victim. This statement will also be examined during the trial so that the truth can be ascertained. No complainant can subsequently file a contradictory statement as compared to his previous statement and cannot withdraw the complaint. The law is being misinterpreted in the media, which is also quite confusing.
Police is forced to fight till the end in favor of the victim
The senior lawyer said, ‘It does not matter how many statements the complainant gives. He will have to come to the witness box and present his case on oath. In this case the victim is a minor. In such a situation, extra care will be taken for his privacy. The court will examine his statement and also look into its validity. So withdrawing the complaint does not make any difference. Once a complaint is registered in a criminal case, then only the court will decide on it. Crime is considered wrong in terms of society. In such a situation, it is the responsibility of the prosecution to prosecute the culprit before the court.
‘Accused sitting in high positions can play with the evidence’
Vrinda Grover said that in such a case, when the accused is very influential, then his arrest becomes very important. ‘The accused can tamper with the evidence by using his power. No one can be as powerful at the social, economic and political level as Brij Bhushan Singh is in this case. We have already seen how he has not been arrested till now. This is not only affecting the lives of the protesting wrestlers, but also affecting their morale regarding the presence of women in sports. What would you think about threatening more than this that the woman has been forced to withdraw her complaint.
Tags: BJP MP Brijbhushan Sharan Singh, Wrestling Federation of India
FIRST PUBLISHED : June 06, 2023, 21:54 IST