Three times national award winning filmmakerMadhur Bhandarkar may have to face the trial in a rape case lodged against him by small time actress Pretti Jaiin seven years back.
A metropolitan magistrate's court in Andheri, ruling against Bhandarkar on Monday, observed that a case was made against him and that he can take a defence against the case at an appropriate stage. The court has issued summons to Bhandarkar for October 18.
Metropolitan magistrate B B Pantawane observed that before lodging the FIR, Jain had sent a legal notice to Bhandarkar in July 2004. The filmmaker however, chose not to reply, thus showing that he did not refute the allegations at the first available opportunity.
Referring to the B-summary report (a report wherein the police categorise a given case as false) filed by the Investigating Officer, the court also observed that the officer should not have reached to any conclusion on his own.
Jain, needless to say was visibly happy after the order. The aspiring actress who was present in court said that she had full faith in God and the judiciary.
Jain had filed a case of rape and criminal intimidation against Bhandarkar at the Versova Police station over 7 years back - in July 2004. She had alleged that Bhandarkar had intercourse with her 17 times between 2000 and 2003, making false promises of marriage and a big role in a good film.
In November 2009, the police had filed a report in the Andheri court stating that the relationship between Bhandarkar and Jain was by mutual consent. The report also stated that Jain had filed the complaint "only to teach him a lesson as he didn't give her a role of the leading actress in his film".
This report was strongly contested by Jain through her advocate Sushan Kunjuraman. They had argued that there were enough precedents from the Supreme Court about testimony of the victim being enough to convict an accused in a rape case. Based on his submissions, the Magistrate rejected the report and ordered an inquiry in November 2009.
During this inquiry, Jain's statement was recorded by the court and compared with statements of other witnesses recorded by the police, after which the order was passed on Monday against Bhandarkar, who was represented by advocates Shrikant Shivade and Shreyansh Mithare.
Talking to Mumbai Mirror, Madhur Bhandarkar said that after going through the order in detail he would challenge it in higher courts. "As the lower court has issued a process against me for a case which has been going on for 7 years, I would like to say that after reading the judgment, we will challenge this order in higher courts to seek justice," stated the filmmaker.
Talking about the case, Madhur revealed, "Initially, on 12th July 2004, Pretti Jaiin had sent a legal notice to me stating that if I do not cast her in my film as the leading lady within the next 48 hours, she would adopt necessary criminal and civil legal proceedings against me. There was no mention of rape charges in that notice. On July 9, 2004, we came to know that she had sent a legal notice to a certain Mr Sohail Khan, an upcoming music director, stating that she is pregnant with his child. On July 22, the same year, she filed a complaint with the police alleging me of rape."
The filmmaker further added, "I would like to mention that Pretti Jaiin was arrested for hatching a plot to eliminate me in 2005, with the help of the underworld. She was arrested by Agripada police station and was behind bars for almost a month. I have full faith and respect for the judiciary and I am confident of proving myself innocent."
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