Gurgaon: A city court has acquitted a former Oppo Mobiles employee accused of assaulting and sexually harassing a woman colleague at the company’s Sohna Road office in 2017, after key prosecution witnesses turned hostile and the court found serious gaps in the police investigation.The woman, who was working as a company secretary and legal adviser with Oppo Mobiles NR Pvt Ltd in 2017, had alleged that her colleague Sunny Shrivastav, a brand manager, had slapped her, kicked her abdomen and private parts, abused her and threatened to kill her on Oct 3 that year following a disagreement over a company agreement and release of vendor payments.She alleged that Shrivastav insisted that the agreement be executed and vendor payment cleared immediately. He assaulted her when she objected to his behaviour. An FIR was registered at Sadar police station under Sections 294 (obscene acts and songs), 323 (voluntarily causing hurt), 354 (assault or criminal force to woman with intent to outrage her modesty) and 506 (criminal intimidation) of the Indian Penal Code.However, witnesses examined during the trial either turned hostile or failed to corroborate her allegations. Of the eight witnesses examined, Asha and Vijender Kumar turned hostile, while Ankita Tripathi said she had no personal knowledge of the incident and was not present at the spot.Judicial magistrate (first class) Dr Mohd Imtiyaj Khan, in his Nov 11 order, observed the alleged incident had taken place in an office, yet none of the witnesses examined by the prosecution independently corroborated the allegations. The court also took note that the investigating officer admitted during cross-examination that he had not recorded the statement of any eyewitness during the investigation.The court also noted discrepancies between the allegations and medical evidence. While the FIR said the complainant had been slapped and kicked repeatedly on her abdomen and private parts, the medical record did not mention any external injury on the body parts. The court clarified that the absence of visible injuries, by itself, was not sufficient to reject an allegation of assault. However, when considered alongside the lack of eyewitness corroboration, it created reasonable doubt about the prosecution’s version.Counsel S S Chauhan, representing Shrivastav, had told the court that the complainant was working in a senior position and had repeatedly asked his colleague, the complainant, to complete her work within deadlines and improve her performance. The prosecution, represented by assistant public prosecutor Yoginder Singh and assisted by the complainant’s counsel ND Dixit, maintained the woman’s testimony was consistent and supported by her medical record and statement recorded before a magistrate under Section 164 of the CrPC.The court held that the prosecution had failed to prove the charges under IPC sections 294, 323, 354 and 506 beyond a reasonable doubt and extended the benefit of doubt to Shrivastav and acquitted him of all charges. His bail and surety bonds were discharged.
