As police probe accusations made by Bollywood star, Preity Zinta against former industrialist boyfriend Ness Wadia for use of force and foul language to shame her in public, her lawyer said that she has nowhere alleged ''sexual molestation".
Zinta's lawyer, Hitesh Jain said, "Although people are terming it as a case of molestation, in the FIR Preity has nowhere used the word molestation. Neither has she alleged sexual molestation or sexual assault on her."
''The FIR points to conduct in public, the use of force and the offensive language by Ness which made her feel ashamed as a woman before the public at large," he said to explain the invocation of section 354 of the Indian Penal Code which deals with "assault or criminal force to woman with intent to outrage her modesty".
The section is meant for cases of sexual assault, legal experts said. But the FIR, said sources, relied on a Supreme Court verdict which said the test should be whether the action "shocks the sense of decency of a woman."
''The FIR points to conduct in public, the use of force and the offensive language by Ness which made her feel ashamed as a woman before the public at large," he said to explain the invocation of section 354 of the Indian Penal Code which deals with "assault or criminal force to woman with intent to outrage her modesty".
The section is meant for cases of sexual assault, legal experts said. But the FIR, said sources, relied on a Supreme Court verdict which said the test should be whether the action "shocks the sense of decency of a woman."
Zinta in her FIR said Ness was yelling at the team staff at Wankhede on May 30 when their IPL team, Kings XI Punjab was playing and she asked him to calm down and enjoy the match. She said, "But for no reason he started abusing and screaming at me, grabbed my arm and tried to pull me"
She left for her seat as she ''did not want to create a scene" she said. But he came up to her and used "foul language in front of everyone... which was demeaning to my reputation and character," she alleged.
She said his behavior left her feeling "unsafe and ashamed as a woman."
The Supreme Court in 2007 had clarified the meaning of the Victorian term still in use in the IPC — 'outraging a woman's modesty." It observed its lack of definition in the IPC and said, "The essence of a woman's modesty is her sex."
The Supreme Court in 2007 had clarified the meaning of the Victorian term still in use in the IPC — 'outraging a woman's modesty." It observed its lack of definition in the IPC and said, "The essence of a woman's modesty is her sex."
This comment has been removed by the author.
ReplyDelete