January 09, 2019:

On Tuesday, in a 15-page order allowing actor Alok Nath’s petition for pre-arrest bail in a rape case filed by writer-director Vinta Nanda, a sessions court has observed that “the possibility cannot be ruled out that he has falsely been en-roped in the crime”.The court said it was to be noted that while Nanda remembered the entire incident, she didn’t recall the date and month when it had happened.

Judge S S Oza said, "In view of all these facts the possibility cannot be ruled out that the applicant has falsely been enroped in the crime."

Nanda filed a case in Oct 2018 after she first publicly alleged, as the #MeToo movement gained momentum, that Nath had raped her more than once 19 years ago.

On the 20-year delay in registering the FIR, the court said there was no period of limitations for offences under Sections 376 (rape) and 377 (unnatural sexual offences) of the Indian Penal Code.

However, it said while there was nothing on record to show Nath had threatened her or made any promise for not lodging a report, Nanda had not done so immediately for her own benefit.

So far as the reason to delay in lodging the FIR is concerned, the complainant stated in the report itself that she consulted with her friends regarding lodging of report but they told her that applicant is a big actor and her all companies (sic) were already shut, therefore no one would believe her story, hence she did not file complaint against the applicant,” the court observed.

The court also said since both the accused and complainant were married (separately), a medical examination would be a mere formality and no useful purpose would be served by it. It said the actor’s custodial interrogation was also not necessary.

The court said,“It is to be noted that (the) incident took place at the house of (the) complainant, therefore no possibility to destroy the evidence."

The order said while Nanda had sent a detailed police complaint in writing on Oct 17, 2018 for registration of FIR, on the basis of a second report dated Nov 20, 2018, the FIR was registered against Alok Nath. The court said prima facie, it was revealed that there is some variance in the two complaints.

The court said,"However, whether same would amount to omission or contradiction is a matter of trial."

During arguments for relief, Nath’s lawyer had contended that perhaps the complainant’s allegations were inspired by the unrequited and unreciprocated love and affection she had for the actor.

Opposing his anticipatory bail petition, Nanda’s advocate had told the court that being ultramodern and having alcohol did not give Nath the right or licence to rape and brutalize.

Further, it was said the first complaint filed by her was only a cover letter with an attachment of a photocopy of the post she had put up on Facebook on Oct 8, 2018.

Granting anticipatory bail on a surety of ₹5 lakh, the court said Nath was not to visit the vicinity of Nanda’s house.

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