Mumbai Court acquits TVF founder Arunabh Kumar in 2017 sexual harassment case

A Mumbai court has acquitted Arunabh Kumar, the founder of YouTube channel, The Viral Fever (TVF) in a sexual harassment case registered against him in 2017 [State v. Arunabh Kumar].

The order passed by Metropolitan Magistrate AI Shaikh at Andheri, Mumbai was pronounced on September 12 this year; however, a copy of the order became available only recently. 

Judge Shaikh acquitted Kumar on the following grounds:

• There was an unreasonable and unexplained delay in registering the first information report (FIR);

• The complaint leading to the FIR indicated a grudge or rivalry in business between Kumar and the complainant; and

• The witnesses in the case were all from the same industry or business as Kumar and seemed to be ‘interest’ witnesses.

“There is no concrete evidence produced by the prosecution. There are material discrepancy and contradiction. I hold that the prosecution failed to prove guilt of the accused,” the order stated. 

As per the prosecution, the alleged incident of harassment took place in the first week of June 2014.

The victim complainant was working in an office opposite Kumar’s office and was sitting outside the office with her friends one evening when Kumar called her out.

She went up to him and while they were talking, Kumar allegedly touched her inappropriately and outraged her modesty. He also invited her to his house, which the accused found inappropriate. 

She screamed at the accused and left the place, it was alleged. 

The complainant did not mention about the incident to anyone till 2017. 

In March 2017, another woman accused Kumar of ‘bad behaviour’. 

After this incident, the complainant lodged a FIR against Kumar. 

Kumar pleaded not guilty and the trial concluded in 5 years. 

Additional Public Prosecutor Khade, appeared for State. 

Advocate Rohini Wagh appeared for Kumar. 

[Read Judgment]