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Vinay (Student )     07 August 2024

Sexual harrasment at workplace

Hi sir/madam

 A girl made a false s*xual harrasment case at workplace and the girl has deleted my phone data as my parents didn't accept for marriage and now she has blamed me and  a false guilty by  the IC report as, with no proof from my side and lost my job  as I want to prove my innocence and I want to challange this case .Is there any chance for the polygraph test from the court to prove that who is telling the truth or not

It is the only option I'm thinking .is it valid in this  posh act case for polygraph test..

 



Learning

 3 Replies

Dr. J C Vashista (Advocate )     07 August 2024

In s*xual assault cases, the prosecution brings a potency test report to the court to counter any potential defence from the accused that he is incapable of s*xual intercourse. Such a defence, however, is far from foolproof.

Potency is not permanent, and can vary depending on several physiological and psychological factors. Just because a man is unable to develop or sustain an erection at the time of the test, does not mean that he cannot do so at other times.

Accordingly you cannot ask for petency test to prove false allegation of s*xual harashment at workplace.

 

T. Kalaiselvan, Advocate (Advocate)     07 August 2024

You can prefer an appeal agaisnt the judgment of the ICC and the emplloyer for having terminated your employment before the appellate authority.

Polygraph test cannot be done automaticaly by an order of court.

When a person lies, a polygraphy exam is used to measure the psychological and physical changes in his body. Even though it detects lies accurately, it breaches laws such as personal liberty and cannot be used as evidence in a court of law. Criminal Procedure Code and Evidence Act do not even mention polygraph. Nothing an accused says is admissible in courts unless the statement is made before a magistrate in person. Under the Constitution nobody can be forced give evidence against himself. That is what polygraph test does. Hence better drop such fancy ideas and go for the appeal against the grievances as per provisions of law .

P. Venu (Advocate)     07 August 2024

" .......................... A girl made a false s*xual harrasment case at workplace and the girl has deleted my phone data as my parents didn't accept for marriage ...................." The posting suggests deeper issues. Please post complete facts.

How is s*xual harassment case at work place related to marriage?

 

 


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