A sessions court that ordered in favour of actor Shilpa Shetty in connection with the 2007 incident where she was kissed by American actor Richard Gere at a public event, has said in its detailed order that she has not kissed, but was kissed and there is obscenity on her part is not evident.
In an order on April 3, that was made available on Tuesday, Additional Sessions Judge SC Jadhav said that there is “absolutely” no prima facie material to proceed with the trial. Judge Jadhav’s order read, “A woman being groped on the street or touched on a public way or in public transport cannot be termed as an accused or participative to an extent of mental culpability and she cannot be held for illegal omission to make her liable for prosecution.”
No prima facie evidence of annoyance by complainant
The court said the magistrate has rightly considered the material before her and there is no need to interfere with it. Relying on an apex court judgment, the court said an act per se indecent and obscene would not warrant prosecution under Section 294 (obscene acts) of the Indian Penal Code in absence of prima facie material of annoyance by any persons. It added that there is no prima facie evidence of annoyance by the complainant.
Alwar police had challenged Magistrate's order calling it illegal
An FIR in connection with the incident was lodged by one Bhupsinh in Alwar, Rajasthan and charged with Indecent Representation of Women (Prohibition) Act, 1986, under provisions of the Information technology Act among other offences. After she approached the apex court, the case was shifted to a Mumbai court.
Magistrate Ketaki M. Chavan of the Ballard Pier court had called the actor a victim of the act of Gere and discharged her from the offence in Jan last year. In April 2022, the Alwar police station and the MRA Marg police station had approached the city sessions court calling the order of the magistrate illegal. Shilpa had sought dismissal of the plea and said it was made for cheap publicity. She had further said she is a victim of malicious proceedings and harassment at the hands of the complainant.
