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Bombay High Court refuses discharge in transgender complainant’s harassment case

The Bombay High Court refused discharge in a sexual-harassment prosecution involving a transgender complainant who identified as a woman, finding sufficient grounds for trial.

Judge / Bench — Justice Mehroz K. Pathan.

The 3 November 2026 decision in Criminal Revision 270/2026 (2026:BHC-NAG:15063) applied the law in force when the alleged 2025 incidents occurred. A later identity certificate did not itself defeat the transgender-protection charge. The court held that the complainant’s self-identification could not be questioned at this discharge stage; consent and proof of the allegations remained trial issues.

Advocates appearing — Applicant: Anil Thakkar, Advocate. State: Swati V. Kolhe, Additional Public Prosecutor.

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