The Hindu : Kerala News : Neelalohithadasan Nadar acquitted

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Neelalohithadasan Nadar acquitted

Staff Reporter

Neelalohithadasan Nadar

THIRUVANANTHAPURAM: Former Transport Minister and Bahujan Samajwadi Party (BSP) leader A. Neelalohithadasan Nadar was on Tuesday acquitted by Additional District and Sessions Judge, Fast Track Court III, M.R. Anitha after the court set aside a sexual harassment conviction issued against the leader by a lower court in September 2005.

A magistrate court in 2005 had sentenced Dr. Neelalohithadasan Nadar to three months’ simple imprisonment and a compensation of Rs.50,000 for sexually harassing Nalini Netto, former Transport Secretary, at his chamber at the Assembly complex on December 21, 1999.

Pronouncing the 80-page judgment, the Sessions Judge observed that the “finding and sentence passed by the court below is without appreciating the facts and circumstances… and without evaluating the oral and documentary evidence adduced in this case in a proper perspective. So it (judgment) is not sustainable and hence it is liable to be interfered with.”

The court further noted that the prosecution had failed to prove that the former Minister had outraged the modesty of Ms. Netto “intentionally” or “knowingly” in his chamber as alleged.

The evidence provided by Ms. Netto is “inconsistent” and “full of embellishments.” Besides, “no criminal complaint was filed by her regarding the incident,” the judgment read.

Plea turned down

The court also turned down a plea by the special prosecutor that Dr. Neelalohithadasan Nadar was convicted in a similar case in Kozhikode, citing that a revision is pending before the High Court against the judgment “… and hence it cannot be looked into by the court in this proceedings.” Dr. Neelalohithadasan Nadar had been sentenced to one year’s simple imprisonment by a court in Kozhikode in a similar case of sexual harassment raised by Prakriti Srivastava, a forest official, in 2000.

The conviction by the Kozhikode court had prevented the magistrate court in 2005 from applying the Probation of Offenders Act (entitled to a first-time offender) in Dr. Neelalohithadasan Nadar’s favour. Advocates V.G. Govindan Nair and Prasad Gandhi appeared on behalf of the former Minister.

Charge sheet

According to the charge sheet filed by R.S. Mooshahary, former chief of the Crime Branch CID, who first investigated the case, the crime was committed when Dr. Neelalohithadasan Nadar and Ms. Netto were alone in his ministerial chamber. The former Minister 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, according to the charge sheet.

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