Shilpa Shetty was discharged by a Mumbai court on Sunday in an obscenity case filed against her after actor and co-accused Richard Gere kissed her during a promotional event in 2007. The Metropolitan Magistrate Ketaki Chavan believes that Shetty was a ‘victim of the act’ and the charges against her are "groundless".
The court order stated, “Not a single element of any of the alleged offence is being satisfied in the complaint. Moreover, none of the paper annexed with the final report discloses act of present accused so as to bring her within the purview of Section 34 of IPC (common intention).”
After the incident at the AIDS awareness event in 2007, a complaint was filed before a Judicial Magistrate First Class seeking as FIR against Richard Gere and Shilpa Shetty. The accused were booked under IPC sections 292, 293, 294 (obscenity) and some sections of the Information Technology Act and Indecent Representation of Women (Prohibition) Act.
While the original complaint was filed in Rajasthan, Shilpa Shetty had petitioned the Supreme Court to move all cases against her to Mumbai. The Supreme Court had allowed the transfer in 2017. Shetty filed for discharge under CrPC (Code of Criminal Procedure) section 245 (discharge after considering evidence).
She had stated in her application that the allegation against her was ‘only that she did not protest when she was kissed by the co-accused Richard Gere’. The plea, filed through advocate Madhukar Dalvi, further stated that this alone doesn’t make her a conspirator or perpetrator of any crime.
(With inputs from Bar and Bench)
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