India – Kaya Enrich Molested and Humiliated In Metropolitan Court

India – Kaya Enrich Molested and Humiliated In Metropolitan Court
Case Study –
What happened with Kaya Enrich –?
Kaya Enrich, a 23-year-old British Student, came to India to attend a three-month internship programme with a city-based NGO.
She filed a case against a local plumber, who she has accused of trying to molest her.



She has made the complaint in a letter to the Chief Justice K S Radhakrishnan a day after she was asked embarrassing questions at a metropolitan court in Ahmedabad.
In the letter, the woman alleged that Sanjay Prajapati, lawyer representing the plumber, humiliated her by asking whether she smoked or consumed alcohol, her lawyer Meena Jagtap said.
Kaya says that. "The questioning was aggressive, and it seemed to be aimed at demeaning me as far as possible so as to weaken the case."
Questions like whether she drinks, or if her friends smoke. She says, "The experience in the court was humiliating. It was not physically painful as sexual assault, but I was just as frightened".
Current status of case is that the Gujarat High Court has given her a private lawyer.
And proceedings will be held in camera.
In camera proceedings mean case will be tried in the Presence of persons who are really required to be present at that time in the court room.

Reality Views by sm -

Lets Understand what mistakes happened –
Regarding molestation case normally accused is charged with Section 354 of IPC.
There are other charges also in this case I am not aware which charges were framed against accused.
As per the current India law in a rape case also the character of female has no value as evidence regarding punishment of accused person , he will be punished.
Even if it be found that the prosecutrix was woman of a bad character and even a prostitute, her right of privacy cannot be violated by any person and the accused must be punished for commission of rape irrespective of her general character
This is the settled law in India.
So in this case the defense lawyer should not have asked questions like smoking, drinking to Kaya. As per Indian law prostitute can also file a case of molestation or rape.
The defense lawyer has asked the questions which were pointing towards her character but most important point is that, about the current status of Indian law the prosecution lawyer as well as honorable Judge were also aware, but both kept the silence.
If someone is behaving against the law its duty of everyone to remind him that what he is doing is not allowed as per law.
Even Judges have these types of powers to stop the lawyers if he finds the defense is crossing his limits or going against the current settled law.
I appreciate what Kaya Enrich has done by going public, and complaining to the Honorable high court.

Watch The Video Kaya Enrich telling her story-


Watch The Video –Defence lawyer Sanjay Prajapati has defended his action in the Kaya molestation case saying whatever he did, it was for his client.