Alok Nath may have been framed in rape case says Mumbai court, claims writer-producer filed complaint for 'her own benefit'
Alok Nath was granted anticipatory bail by the Dindoshi sessions court on 5 January. The court said that the actor may have been framed for the alleged incident and that the writer-producer may have delayed filing a complaint against him "for her own benefit", reports Hindustan Times.
Judge SS Ozha, in the order, said that the complainant "remember(ed) the entire incident but she did not remember the date and month of incident. In view of all these facts, the possibility cannot be ruled out that (Nath) has falsely been roped in the crime." The court also observed that there was a delay of 20 years on part of the complainant in filing a complaint but also said there is no period of limitations prescribed for offences punishable under section 376 and 377 (unnatural offences) of the IPC.
The order further stated that promptness in filing an FIR is an "assurance of the truth of informant’s version" and the delay in doing so can open the possibility of the complainant describing a "coloured", "exaggerated" or "concocted" version of events. The complainant quoted several Supreme Court judgments in her intervention application filed through advocate Dhruti Kapadia and said that delay in filing an FIR cannot be used to doubt the authenticity of allegations.
Judge Ozha also said that there was nothing on record to show that Nath had threatened the writer-producer against lodging an FIR after the alleged incident, writes Indian Express.
"The offence against the actor has been registered on the basis of patently defamatory, false, malicious, derogatory and imaginary report of the first informant or complainant (Nanda)," the judge said, reports PTI. "The report or complaint is inspired by the complainant's personal vendetta towards him."
The court observed that the complainant and Nath's wife Ashu were college friends in the early 1980s in Chandigarh.
"The duo was working in the production unit of a television serial (in Mumbai) when they met Alok Nath in mid-80s, and a fast friendship developed between the three of them. He (Nath) proposed to Ashu in 1987 and they got married," the court said in the order.
The complainant soon found herself to be "secluded" as she had lost her best friend, it stated.
"Perhaps the complainant's allegation against him (Nath) is inspired by the unrequited and unreciprocated love and affection that she (Nanda) had for him," the judge said.
The case follows the incident on 8 October when the writer-producer accused Nath of raping her 20 years ago when she was was working TV show Tara, in a detailed Facebook post. She alleged that Nath had sexually assaulted her on more than one occasion after he was fired from the 1993 show for misbehaving with its lead actor Navneet Nishan.
Alok Nath and his wife Ashu responded to her allegations by filing a defamation suit in the Dindoshi sessions court, seeking Rs 1 in damages. On 17 October, the screenwriter filed a complaint against Nath Oshiwara police station. He was booked for rape by the Mumbai Police on 21 November.
(With inputs from Press Trust of India)
Updated Date: Jan 25, 2019 19:29:30 IST