PORVORIM: Arguments on journalist Rupesh Samant’s anticipatory bail were heard in the Additional District and Sessions Court, Mapusa on Friday. The order will be pronounced on October 14.
Samant’s Advocate Raju Powlekar argued that the wordings of the sexual harassment complaints against Samant are similar and even the fonts are the same. He stated that prima facie, it appeared that the complaints had been lodged merely to tarnish Samant’s image.
He also argued that no date and time has been mentioned in the complaints, which indicated that complaints are not true. He further contended that the act of touching someone’s cheek, sending text messages and kissing does not attract section 354 of IPC, and hence, custodial interrogation of the accused is not required.
He continued, “Lastly, most of the sections of IPC, excluding section 354, listed in the FIR come under the bailable category. Even if it is presumed that the accused has committed an offence, he should have been charged under section 354A and not 354. Further, the police officer conducting the inquiry has not submitted his report under section 157 of CrPC to the Magistrate. In view of the aforesaid, the accused should be granted anticipatory bail.”
Public Prosecutor Sunita Nagvekar stated that the act of kissing forcibly does amount to assault, for which section 354 of the IPC becomes applicable. She added that Samant did not appear before the police even after serving him several summonses, which was an indication of his guilt.
She stated that interrogation of the accused is a necessity to ascertain the truth and pleaded that Samant not be granted anticipatory bail.
