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‘Neither wearing small clothes is a crime nor dancing on songs can be punished’, a Delhi court acquitted seven women who were accused of wearing ‘short clothes and dancing to obscene songs’ at a bar. Additional Chief Judicial Magistrate Neetu Sharma stated that the prosecution failed to prove that any offence was committed. The Delhi court also accused the police of ‘concocting’ a story.
The case was brought by a Sub-Inspector (SI) from Paharganj Police Station, who alleged that the women were dancing to “obscene songs wearing small clothes”.
The court dismissed this, stating that "neither wearing small clothes is a crime nor dancing on songs can be punished" unless it annoys others.
“Now, neither wearing small clothes is a crime nor dancing on songs can be punished irrespective of whether such dance is done in public. It is only when the dance becomes annoying to other than the dancer can be punished,” Bar and Bench quotes the judge.
The judge added that the police officer never claimed the dancing annoyed anyone.
Furthermore, two prosecution witnesses admitted they were there for enjoyment and knew nothing about the case.
“It is clear that the police concocted a story but could not find support from public. In such circumstances, even if we accept the claim of SI Dharmender, the same will not establish the ingredient of the offence," the judge stated. added.
The Delhi court also noted the SI failed to produce a duty roster or DD entry to prove he was patrolling the area at the time.
Additionally, the police did not involve any members of the public in the investigation, despite the presence of shops and houses in the area. The court stated that the police failed to ask people in the shops and houses for their names and addresses.
The bar manager, accused of failing to maintain CCTV cameras, was also acquitted. The court found no evidence the relevant notification had been published or that the accused knew about the order. There was no allegation the bar was operating without a license or in violation of government guidelines. The court concluded that, in the absence of specific evidence, the benefit of the doubt should go to the accused.
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