Sir, I am govt. empoyee , A women empoyee file complaint of sextual harasment against my colleague ,in which she mention that i have taken her phone and format the phone (she have proof of sextual harasment in her phone) , which is baseless and false alligation. 1. what should i do in this case . 2. what are legal consequences. i am very greatfull for your suggestion.
Where did she file the complaint? In police or internal complaint committee?
State complete facts to get a prompt reply.
However, from the available facts i can say that you may be indulged in the criminal proceedings for vanishing the evidence, though false.
At which place in office this incident is happened acc. to her. Are there any CCTV cameras in office. Deny straight, no such thing happen. Neither you were present what the time of incident happened.
Hi,
You are suggested to defend her allegations strongly and prove that her allegations are false. In her complaint, she might have given time and date of taking telephone by you from her and formatting of same. Do submit application to competent authorities dealing with her complaint for seizure of her phone as case material and send that for forensic expert reports regarding formatting and having of such information as alleged in her complaint.
1. See you can before the committee plead that the allegation are false baseless she has no proof she just with intent to drag you and substantiate her case mentioned your name.
2. You can defend the legal cases till the case is proved there will no consequences.
Hello,
Appear before the committee and place your statement saying that the same is false and frivolous and she should have complaint at that time only when I snatched her phone to delete the proves.
She is accusing me as an afterthought so that she can strengthen her case and that you have nothing to do with the same.
Regards
If she file any FIR and there is your name in it take an anticipatory bail for the same.
2. You need to contest the case.
You should give a befitting reply to the allegations levelled on you why the female colleague stating that her allegations are concocted and without any proof as she had not made any complaint against you when her mobile was snatched and formatted by you.
You should also state that you would have no issues if her mobile phone is being sent for forensic examination to get to the bottom of the situation.
If she files any FIR against you, apply for anticipatory bail in session for high court under Section 438 of The Criminal Procedure Code in order to avoid arrest.
Issue legal notice to last to withdraw false and defamatory allegations made against you
2) if she refuses file complaint of criminal defamation against her
1. A false allegation by an employee (female) against another employee may not sustain, she may have to give some evidence for the incident to have taken place, this may be objected by the delinquent employee.
2. You can take it up through legal forum for relief, if the employer goes ahead with the recommendations made blindly by the chairperson of the team inquiring into the alleged incidents.
If the case was filed, then you were required to prove that case to be false in the court and then you could have filed a defamation case against them and claim for damages.
For being on the safe side record the conversation giving threats so in future if any false case is registered, you have evidence to prove your case in court
Dear client
To prove that her allegations are false and baseless ask your lawyer to ask her questions about backup of phone and important documents she use to keep with her.
If she agrees that she keep backup of phone photos and videos in google photos or some other apps then you can prove het allegations wrong by saying that why she didn't took backup of evidences of sexual harassment with her.
Legal consequences are that you will be charged with section 201 IPC of destroying the evidences of offence. Which will attract a punishment of Imprisonment for a quarter of the longest term provided for the offence, or fine or both.
If the matter is with ICC, then join the probe. Present then with documentary or related Evidence in your favour. Also prepare witnesses in this mater and if called upon present the witness before the ICC Complete in its probe.
If the matter is with Police, then apply for Anticipatory Bail.
Thereafter join the probe and submit before police your evidence, witness, in your favour
Dear sir,
firstly, since you are a government employee, she cant prosecute you per se, she will be needing a sanction by the authority you are employed under section 195 of crpc r/w 340 crpc.
secondly, if she has falsely imp-leaded accusation on you. We can send a legal notice for the same and file a defamation complaint in the court.
if the case has commenced, we can lead the evidence through affidavit and get you discharged.
hopes that solves your query,
you can contact me for consultation, if any.
regards,
YUGANSHU SHARMA
ADVOCATE.
