False sexual harassment case against me
Few of my college mates are framing me in sexual harassment. There are several incidents in which they framed me. 2 years ago a mob of my college mates made to seat me behind her and told the girl to complain to staff. But they didn't even warn me. I didn't texted her through mobile too till the date. I never stalked her. During March 2016 I was watching movie the mob made her sit behind me and claim that I shown her sexually intimidating scene. Yesterday I went to college to get certificate. Totally I spent 3 Hours in college from 11:00 - 1:40. During which I searched for staff to get certificate for my job. She and 3 others were also there. I avoided her. Staff was absent. In case I didn't get certificate, company advised me to get attested internet mark sheet copy. So I went library to use internet. Before that one of those 3 asked me and he knew I went to use internet so he made her to go library. When I entered library she said HI with hands up and I did the same. After that incident I didn't see her. Then I went out of college to get printout as college has introduced password system to use internet. for almost 45 minutes I was out of my college and came back to get attestation. During which one of those 4 member got my phone and dialed her number repeatedly for 16 times. Luckily due to some network problem no call got connected. Then I returned home. But those 3 can falsely say that I proposed her/ stalked her and she can use them as evidence and the college staffs hate me as few students only tell bad about me and all of them hate me because of my caste. Last 6 months I saw her only once i.e., yesterday. Now What should I do?
In case they have already filed a case against you, you can fight the case out, ultimately proving that the cases are falsely filed, and thus the mob can be punished under Section 211 of the Indian Penal Code ('IPC'), for falsely charging you for sexual harassment. As per the facts you suggest, you might be charged under Sections 509 (Word, gesture or act intended to insult the modesty of a woman), 354A (Sexual harassment of the nature of unwelcome physical contact and advances or a demand or request for sexual favours, showing pornography), 354D (Stalking) of the IPC, all which are bailable offences. In case you fear that a non-bailable offence (one for which bail cannot be claimed as a right) can be filed against you, for instance allegation of rape (section 354, IPC), you can also file for an anticipatory bail (as per section 438, Criminal Procedure Code). If no action on their part has been taken yet, you can only wait for them to take action. Please clarify if you have evidence to believe that the actions of the mob also have a correlation with your caste, in which case you can also take the held of the Scheduled Castes and Tribes (Prevention of Atrocities) Act, 1989.
Answered by Ayushi Singhal, Researcher at Lawfarm.
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