Advice on POSH or whatever.

Community Forums Legal Advice India Advice on POSH or whatever.

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      Indianhawk718
      Participant
        I
        Indianhawk718
        PARTICIPANT
        May 1, 2025 at 4:04 am
        I have a doubt that Iโ€™d like to clarify through this post.

        I work at an educational institution. A group of female students has filed a sexual harassment complaint against one of my colleagues. The police have also registered an FIR in this matter.

        The allegations mentioned in the complaint include: entering the staff room and grabbing someone, brushing against a shoulder while walking, and speaking with sexual undertones. However, none of these allegations are backed by credible evidence or witnesses. Apart from the complainants and a few others from their circle who claim to be witnesses, there are no independent eyewitnesses.

        The primary piece of evidence being presented is a phone conversation โ€“ a recorded call between the accused teacher and one of the complainants. In that recording, the teacher is heard asking:

        “What wrong have I done?
        Why did you file a complaint?
        Are the things you’re saying really true?”

        There is no explicit or inappropriate content in the call that points to harassment.

        Up until a week before the complaint was filed, there were no visible issues between them. Coincidentally, a few male students closely associated with the complainant had been suspended from the hostel for drug use. Even earlier, this same teacher had caught such students and initiated disciplinary action.

        After the complaint was filed, a sudden flood of accusations began surfacing, many of which were later dismissed due to contradictions.

        My question is:
        In a situation like this, where there is no reliable evidence or witnesses, is there any legal provision under which the teacher can still be punished?


        Here is the English translation of your refined Malayalam text:

        I have a doubt that Iโ€™d like to clarify through this post.

        I work at an educational institution. A group of female students has filed a sexual harassment complaint against one of my colleagues. The police have also registered an FIR in this matter.

        The allegations mentioned in the complaint include: entering the staff room and grabbing someone, brushing against a shoulder while walking, and speaking with sexual undertones. However, none of these allegations are backed by credible evidence or witnesses. Apart from the complainants and a few others from their circle who claim to be witnesses, there are no independent eyewitnesses.

        The primary piece of evidence being presented is a phone conversation โ€“ a recorded call between the accused teacher and one of the complainants. In that recording, the teacher is heard asking:

        “What wrong have I done?
        Why did you file a complaint?
        Are the things you’re saying really true?”

        There is no explicit or inappropriate content in the call that points to harassment.

        Up until a week before the complaint was filed, there were no visible issues between them. Coincidentally, a few male students closely associated with the complainant had been suspended from the hostel for drug use. Even earlier, this same teacher had caught such students and initiated disciplinary action.

        After the complaint was filed, a sudden flood of accusations began surfacing, many of which were later dismissed due to contradictions.

        My question is:
        In a situation like this, where there is no reliable evidence or witnesses, is there any legal provision under which the teacher can still be punished?

      • #4782 Reply
        Rajnishbear247
        Participant
          R
          Rajnishbear247
          PARTICIPANT
          May 1, 2025 at 10:22 am
          My advice would be to firstly get a bail.
          Secondly file a writ petition for quashing of the FIR.
          Lastly file a counter complaint against the complainant/s.

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