Molestation of a woman on a road or public transport cannot be termed as her “participation” in such incidents and requires action, a Mumbai court has said in a 2007 obscenity case involving Hollywood star Richard Gere kissing the actor. He cannot be prosecuted for failing to do so. Shilpa Shetty during a public event.
In the present case, the defendant (Shetty) had not kissed but had kissed. Additional Sessions Judge SC Jadhav had last week upheld the order of a magistrate court, saying obscenity on the part of the woman was not evident. Bollywood Actor Shetty’s detailed order in the case was made available on Tuesday.
In 2007, Gere had slapped Shetty on the cheek when they came together on the stage of an AIDS awareness program in Rajasthan.
The prosecution had said that there was sufficient evidence against the accused (Shetty) to frame charges under section 292 of the IPC for obscenity, under the provisions of information. technology Act and the Indecent Representation of Women (Prohibition) Act, and prayed for setting aside the order of the Magistrate.
However, Shilpa Shetty, represented by advocate Prashant Patil, opposed the plea saying that the trial court’s order was “proper and legal”.
There is no material to frame the charge and hence, there is no perversity in the impugned order. Therefore, the revision application needs to be dismissed with heavy costs, argued Patil.
The court, after hearing both the parties, said on April 3, “A woman who is touched on the road or on a public way or in a public transport cannot be called an accused or a participant to the extent of mental criminality and cannot be held ” Illegal omission to make her liable for prosecution.” It is an incontrovertible fact that the present respondent (Shilpa Shetty) did not kiss but was kissed, the court said.
Obscenity on his part is not clear. The judge said that prima facie there is no evidence on record of the complainant being angry. On the allegation of “indecent representation of women”, the court said that the Act means the representation of a woman’s figure, appearance or body or any part thereof in such a manner as to have the effect of being indecent, or to represent women. is derogatory to, or insulting to, or corrupting, corrupting or injurious to public morals or ethics.
However, there is “nothing to suggest” that the Bollywood star has done anything in any form to make it an offense under the Indecent Representation of Women (Prohibition) Act, the court said.
After considering the material placed on record and the police papers, there is no material to frame charges against the accused.
The order of the Magistrate does not require any interference at the hands of this Court, the judge said, adding that the Magistrate has properly considered the material placed before him.
Following complaints following the incident in 2007, both Gere and Shetty were booked in Rajasthan under various sections of the Indian Penal Code (IPC) and the Information Technology Act for obscenity.
It was shifted from the court of First Class Magistrate of Rajasthan to Mumbai on the orders of the Supreme Court in 2017.
In January 2022, a magistrate court in Mumbai acquitted Shetty of the case.
Thereafter, the prosecution filed an application before the Sessions Court challenging the order of the Magistrate. It had claimed that Shetty was well aware of the fact that press and media persons were present at the event.
The prosecution had said that kissing in public is a crime and is a “bilateral act”.
It claimed that the respondent was aware that his act would certainly be telecast on the news channels, indicating his mental culpability.
read all latest movie news, Entertainment News
(This story has not been edited by News18 staff and is published from a syndicated news agency feed)