TCS case: In 1st chargesheet, cops invoke rape, SC/ST abuse section

NASHIK: The Nashik police SIT on Friday filed a 1,500-page chargesheet related to the first TCS sexual harassment and hurting religious sentiments case registered against four accused in the special court of Nashik Road sessions judge Kedar Joshi.

Based on investigation so far, the police invoked charges under sections 61(2) [party to criminal conspiracy], 64 (rape), 68 (sexual intercourse by person in authority), 69 (sexual intercourse obtained by deceitful means or a false promise to marry), 75 (sexual harassment), 46 (abetting), 299 (deliberate and malicious acts intended to outrage religious feelings), 238 (causing disappearance of evidence of offence, or giving false information to screen offender), 249 (harbouring offender), and 3(5) [common intention] of Bharatiya Nyaya Sanhita (BNS) against the accused.

Besides, relevant charges under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 have been invoked in the chargesheet filed related to the FIR registered on March 26 based on the complaint of a woman TCS employee at the Deolali Camp police station. Nashik commissioner of police (CP) Sandeep Karnik had constituted a Special Investigation Team (SIT) to investigate this and eight other cases related to sexual harassment and hurting religious sentiments at the multinational company.

Karnik said, “The case was of an extremely serious nature. It involved the sexual harassment and exploitation of women at a workplace where victims were targeted based on their ethnicity. Taking into account the gravity of these offences, the SIT was formed to ensure a thorough investigation. TCS as a company has not been held responsible in the case.”

Assistant commissioner of police (crime) Sandeep Mitke, who heads the SIT, said, “Statements of 17 witnesses were recorded before the Judicial Magistrate First Class as per Section 183 of Bharatiya Nagarik Suraksha Sanhita (BNSS). The chargesheet also comprises medical examination reports of the victim and the accused, apart from evidence of forced conversion of the victim and hurting religious sentiments.”

He said the police had seized the original documents taken from the victim by the accused to change her name. The spot panchnama of the crime scene, bank statements of the accused, caste certificates, the vehicle used in the crime and an identification parade were among other evidence in the chargesheet.

Mitke said the chargesheet had been filed based on the evidence and witness statements obtained during the course of investigation of the registered crime, but the probe would continue further. A supplementary chargesheet would be filed as per Section 193(9) of the BNSS after obtaining additional evidence, he said.

The accused arrested in the crime continue to be in custody because the court rejected their bail applications. Ajay Misar is the special public prosecutor in the case.