The Bombay High Court has reserved its order in the anticipatory bail application filed by actor-director Gehana Vasisth in the third FIR filed against her in the porn film racket case.
During the hearing, the prosecution informed justice Sandeep Shinde that they have filed an application in the lower court seeking to add an additional offence under Section 370 (whoever receives or detains a person against his/her will or any person as a slave) under the Indian Penal Code (IPC) against Vasisth in the third FIR.
The HC was hearing an application filed by Vasisth seeking pre-arrest bail where she has been charged under various sections of the IP.
Earlier, the court had asked the Mumbai police why it had not invoked section 370 against Vasisth which deals with trafficking. Besides, the court had also asked to explain why her custody was not required.
Additional public prosecutor Prajakta Shinde informed the court that they had filed an application in the lower court seeking to add Section 370 of the IPC.
Vasisth’s advocate Abhishek Yende argued section 370 couldn’t be invoked since there was a video recording of the woman giving a no objection for shooting the video. Besides, an agreement was signed by the parties and there are Whatsapp chats between Vasisth and the complainant who had even promoted the web series.
Yende even argued that the conduct of the woman should also be seen and fact noted that she had done bold content even earlier.
Vasisth has been booked under Sections 354C (outraging modesty of woman), 292, 293 (sale of obscene material) of the Indian Penal Code, Sections 66E, 67, 67A (transmission of sexually explicit material) of the Information Technology Act and provisions of the Indecent Representation of Women (Prohibition) Act.
Businessman and Bollywood actor Shilpa Shetty’s husband Raj Kundra is also an accused in another FIR in the porn film case.
