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It has been alleged that Arunabh kept his hand on victim's shoulder and pulled her and passed his hand on her back and breast and outraged her modesty.
The Viral Fever (TVF) founder Arunabh Kumar was cleared in a sexual harassment case from 2017 by a magistrate's court in Mumbai, finding that the First Information Report's submission was delayed in an "unexplained and unreasonable" manner.
A Court of Metropolitan Magistrate, AI Shaikh noted, "There is no concrete evidence produced by the prosecution. There are material discrepancy and contradiction. Even, there is unreasonable and unexplained delay in filing F.I.R. which raised the clouds on the case of prosecution."
The Court also opined that it seems that the complaint has been filed out of a "grudge or rivalry on the reason of business between accused and informant".
The Andheri police had filed a case against Kumar in 2017 under Indian Penal Code Sections 354 A (causing sexual harassment) and 509 based on the complaint of a former worker (word, gesture, or act intended to insult the modesty of a woman).
The alleged event, according to the prosecution, happened in 2014. Three years after the incident, the complaint was made after the complainant saw other women making similar claims on social media.
The Court noted in its order that the prosecution had not presented any tangible proof."
The bench relied on the fact that there is material discrepancy and contradiction. There is even an unreasonable and unexplained delay in filing the FIR, which raised clouds on the case of the prosecution.
Additionally, the Court also noted that all witnesses were interested witnesses; they were involved in the same industry where the accused were also doing business. Therefore, the prosecution failed to prove their case beyond a reasonable doubt the court held.
Case Title: State Vs. Arunabh Nathuni Kumar
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