A Delhi court Monday directed the prosecution in the alleged sexual harassment case involving former TERI chief R K Pachauri to supply certain documents to him — including an “e-mail the complainant (filed) when she was on leave from TERI, but visited New York and USA with the accused”. It also asked the prosecution to supply written statements of TERI employees, which it did not include in the chargesheet.
Pachauri’s lawyer had filed a plea stating that all documents should be supplied to the accused, even if they do not support the prosecution’s case, “to arrive at the truth”. The prosecution, however, submitted that it can only supply copies of those documents which it relied upon and not those that weren’t part of the chargesheet. It added that other documents — emails, leave emails, photos among others — were not supplied by TERI.
In his December 4 order, Special Judge Suresh Kumar Gupta mentioned the names of 13 TERI employees whose written statements were recorded by police during probe. “The prosecution has not relied on these statements as they nowhere advanced the case. The prosecution is duty bound to supply these statements to the accused for a fair trial. The right of the accused to have copies of these statements cannot be curtailed, as he has to build his defence based on documents supplied by the prosecution.”
The court also said, “The documents — namely emails, photos, pictures and leave e-mail of the complainant when she was on leave from TERI but visited New York, USA with the accused — must also be supplied… The prosecution’s submission shows that all these above noted documents were not in the list of documents supplied by TERI. These were given by TERI as per the list, and allegedly taken into possession by prosecution.”