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Netto case: former Minister convicted

Staff Reporter


THIRUVANANTHAPURAM: : The former Transport Minister and sitting Janata Dal MLA A. Neelalohithadasan Nadar was on Thursday sentenced to three months' simple imprisonment and a compensation of Rs.50,000 by Judicial First Class Magistrate, Court II, N. Ravi Shankar, for sexually harassing Nalini Netto, former Transport Secretary, at his office at the Assembly complex on December 21, 1999. In case of default of payment of the compensation, Mr. Nadar has to undergo simple imprisonment for one more month.

Pronouncing the 48-page judgment, the court observed that the "prosecution has succeeded in proving the case beyond reasonable doubt." The court refrained from applying any beneficial provisions in the Probation of Offenders Act (entitled to a first-time offender) on grounds that Mr. Nadar had earlier been found guilty in a similar case of sexual harassment raised by Prakriti Srivastava, a forest office official, in 2000.

Mr. Nadar had been sentenced to one year's simple imprisonment in that case, and his appeal against it is pending in the Sessions Court, Kozhikode.

"In the normal course, the beneficial provisions contained in the Probation of Offender's Act should be applied in his favour as Mr. Nadar is known for his simplicity, humility and unassuming personality and the doctorate he earned shows his perseverance in improving his personality," the court observed.

The fact that there was a similar allegation against him, though it was made subsequent to this one, and that he had been found guilty in that case, made the court shy away from applying the Probation of Offenders Act, the order said.

The case was first investigated by a team led by R. S. Mooshahary, former chief of the Crime Branch CID.

According to the charge-sheet filed by Mr. Mooshahary, the crime was committed when Mr. Nadar and Ms. Netto were alone in his ministerial chamber at 1.40 p.m.

Mr. Nadar had grappled with her and forcibly tried to kiss her. Ms. Netto had sustained injuries on her lips and the right index finger in the melee.

Ms. Netto later submitted her complaint to the then Chief Minister E. K. Nayanar and a case was registered at the Museum Police Station.

The case was tried by Judicial First Class Magistrate Cherian K. Kuriakose and it was later transferred to the court of Sreekala Suresh.

Ms. Netto approached the Supreme Court seeking that the judge before whom the trial was held initially should pronounce the verdict, but this plea was turned down.

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