MUMBAI: A sessions court in Mumbai has overturned a magistrate’s decision that had released film producer Gunwant Jain, accused of raping a 38-year-old model. The magistrate had ruled that Jain was informed of the grounds for his arrest only four minutes after being taken into custody, which he deemed a violation of the Bharatiya Nagarik Suraksha Sanhita (BNSS).
The sessions court, led by Additional Sessions Judge D.G. Dhoble, criticized the magistrate’s “hypertechnical” interpretation of the law. The judge emphasized that the term “forthwith” in the BNSS should be understood as “within a reasonable time under the circumstances,” and noted that the brief delay in informing Jain did not prejudice his rights.
Consequently, the court directed Jain to surrender before the Versova police station. Failure to do so would authorize the police to arrest him in accordance with the law. The court also granted a five-day remand to the police from the date of Jain’s surrender or arrest.
Jain is accused of spiking the victim’s drink with a sedative before sexually assaulting her. The police had arrested him in November, but the magistrate’s order had temporarily halted the proceedings.
Source: Web Team, C6N
