Original Post : http://everysuffererisasaviour.blogspot.in/2014/02/list-of-more-than-100-judgements-where.html
RELIEF GIVEN TO VICTIMS WHERE MAINTENANCE WAS DENIED TO THEIR CRUEL & GREEDY WIVES
Mumbai: Actor Preity Zinta has filed a police complain against former boyfriend Ness Wadia, alleging that she was threatened, abused and molested by him. Preity later broke her silence on the incident on a social networking site.
On the social networking site she wrote,
From my heart….
I may not be super wealthy and powerful but i have truth by my side and I’ve worked very hard all my life and tried to earn respect for myself as a self made professional. It saddens me that no one at work or around ever stood up for me in the past when i was abused and insulted publicly. This time i was left with no option but to take this stern step as this incident happened in front of way too many people.
Sometimes we are so ashamed and humiliated that we fool ourselves to believe that no one saw what happened . Everyone always looks away as if they don't exist or then we don’t exist. People are embarrassed just enough to look away, but not too embarrassed to intervene.
Ironically what happened at Wankade is being diluted by every other fabricated story about my character except the truth of what happened. I'm sure the witnesses will speak the truth and i trust and believe that the police will do their job fairly and quickly.
No woman likes to be involved in a controversy like this which makes her open and vulnerable for all to take a dig at. I have worked for over 15 years in the film industry and have never been subject to such humiliating behaviour and for that i really want to thank all the men that worked with me. Through all our highs and lows my head was always held high.
Every human being has a limit to how much they can take ; some of us foolishly call it strength and try to look ahead focusing on the positives of work and life. All these years i have never said anything about him in the media but now i have no choice.
I humbly request the media and my supporters to pls focus on the issue and the incident that happened in Wankade and not turn this and me into a TV soap. This is not easy for me and my intention is not to harm anyone but simply to protect myself and to stand up for myself. I don’t want any sympathy from anyone but i will sincerely appreciate it if people do not try to take away my dignity in the process of my fight for respect at my workplace. I think after all these years i deserve it and I’m not asking for too much.
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First Information Report: FIR
********************** Final Analysis********************
If you you are wondering where is the "Molestation" mentioned, don't be surprised , IPC section 354 is now(after the amendment in 2013) Cognisable(police can arrest without warrant) and Non-bailable(you cannot get bail from police station, you have to get it from court). So this section was added for making the case "Strong"(read to get the desired ransom from the Wadia coffers!)
See the relevent excerpts, from this amendment, below.
of either description for a term which may extend to two years, or with fine, or with both", the
words "shall be punished with imprisonment of either description for a term which shall not
be less than one year but which may extend to five years, and shall also be liable to fine" shall
be substituted.
7. After section 354 of the Penal Code, the following sections shall be inserted, namely:—
Sexual harassment and punishment for sexual harassment.
'354 A.
1. A man committing any of the following acts—
i. physical contact and advances involving unwelcome and explicit sexual overtures; or
ii. a demand or request for sexual favours; or
iii. showing pornography against the will of a woman; or
iv. making sexually coloured remarks, shall be guilty of the offence of sexual harassment.
2. Any man who commits the offence specified in clause (I) or clause (ii) or clause (iii) of sub-section (I) shall be punished with rigorous imprisonment for a term which may extend to three years, or with fine, or with both.
3. Any man who commits the offence specified in clause (iv) of sub-section (I) shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both
Assault or use of criminal force to woman with intent to disrobe.
354B. Any man who assaults or uses criminal force to any woman or abets such act with the intention of disrobing or compelling her to be naked, shall be punished with imprisonment of either description for a term which shall not be less than three years but which may extend to seven years, and shall also be liable to fine.
Voyeurism.
354C. Any man who watches, or captures the image of a woman engaging in a private act in circumstances where she would usually have the expectation of not being observed either by the perpetrator or by any other person at the behest of the perpetrator or disseminates such image shall be punished on first conviction with imprisonment of either description for a term which shall not be less than one year, but which may extend to three years, and shall also be liable to fine, and be punished on a second or subsequent conviction, with imprisonment of either description for a term which shall not be less than three years, but which may extend to seven years, and shall also be liable to fine.
Explanation I.— For the purpose of this section, "private act" includes an act of watching carried out in a place which, in the circumstances, would reasonably be expected to provide privacy and where the victim's genitals, posterior or breasts are exposed or covered only in underwear; or the victim is using a lavatory; or the victim is doing a sexual act that is not of a kind ordinarily done in public.
Explanation 2.— Where the victim consents to the capture of the images or any act, but not to their dissemination to third persons and where such image or act is disseminated, such dissemination shall be considered an offence under this section.
Stalking.
354D.
1. Any man who—
i. follows a woman and contacts, or attempts. to contact such woman to foster personal interaction repeatedly despite a clear indication of disinterest by such woman; or
ii. monitors the use by a woman of the internet, email or any other form of electronic communication, commits the offence of stalking:
Provided that such conduct shall not amount to stalking if the man who pursued it proves that—
i. it was pursued for the purpose of preventing or detecting crime and the man accused of stalking bad been entrusted with the responsibility of prevention and detection of crime by the State; or
ii. it was pursued under any law or to comply with any condition or requirement imposed by any person under any law; or
iii. in the particular circumstances such conduct was reasonable and justified.
2. Whoever commits the offence of stalking shall be punished on first conviction with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine; and be punished on a second or subsequent conviction, with imprisonment of either description for a term which may extend to five years, and shall also be liable to fine.'
CCTV footage from Wankade stadium on the alleged day, 30th March, 2014, please note that Ness was 6 rows away from PZ, as this report says, while another report gives another angle to this incidence, but until now there is no description of Molestation or outraging the modesty of a woman as prescribe by IPC section 354, as alleged on Mr.Ness Wadia!.
Excerpt from the later new report: Speaking on condition of anonymity, a source close to Wadia said the industrialist had booked 14 odd seats in Garware Pavilion and got angry when he saw his mother Maureen Wadia standing as all seats had been occupied by Zinta and her guests.
Wadia then got engaged in an argument with the actress over lack of courtesy being shown to his elderly mother "which has now been twisted and turned into a molestation case".
Zinta's complaint, however, has no mention of this.
The actress said Wadia abused her on the ground and said things which were "demeaning for my reputation and character" and, as it happened in front of so many people, "it has really disturbed me and caused immense damage to my reputation and character".
"Mr Ness Wadia's aforesaid behaviour on numerous occasions has embarrassed me and made me feel ashamed, especially in public," she said.
The full news report from rediff, quoted below for ready reference:
Preity Zinta molestation: Police examine CCTV footage
Mumbai police on Saturday launched a probe into alleged molestation of Bollywood actress Preity Zinta by her former boyfriend Ness Wadia and would soon record the statements of IPL CEO and others even as the industrialist rejected the charge as "false and baseless".
Sources at Marine Drive police station said the probe team headed by an Inspector has begun examining the CCTV footage of the incident.
The 39-year-old actress had filed a police complaint on Thursday night alleging that she was molested by Wadia, 44, inside Wankhede stadium on May 30 when an IPL match was played between Kings XI Punjab and Chennai Super Kings.
Zinta and Wadia had broken off their five-year-long relationship a couple of years back but continued to share business interest.
"We are verifying the CCTV footage to identify people present to record their statement," an officer involved in the investigation said.
Several players of IPL team Kings XI Punjab, of which Zinta is a co-owner with Wadia, its support staff, and officials of Wankhede Stadium were reported to have been present when the alleged incident took place.
Zinta, in her complaint, has referred to another unsavoury incident during the IPL team auctions in Bangalore where IPL CEO Sunder Raman was present and had intervened. His statement would be recorded in that context, sources said.
"We will be recording the statement of IPL CEO as Zinta has said that after she refused to sit with Wadia, he had screamed at her and the IPL CEO had intervened," the officer said.
Based on Zinta's written complaint, Marine Drive police have registered an FIR against Wadia under IPC sections 354 (Assault or criminal force to woman with intent to outrage her modesty), 504 (Intentional insult with intent to provoke breach of peace), 506 (criminal intimidation) and 509 (Word, gesture or act intended to insult the modesty of a woman).
Narrating what transpired on May 30, Zinta said Wadia began "shouting and yelling" at team's support staff and, when she tried to calm him down, as her team was playing well, "for no reason he started abusing and screaming at me, grabbed my arm and tried to pull me by hand".
"I am shocked at the complaint and the allegations made against me are totally false and baseless," Wadia said in a statement.
Speaking on condition of anonymity, a source close to Wadia said the industrialist had booked 14 odd seats in Garware Pavilion and got angry when he saw his mother Maureen Wadia standing as all seats had been occupied by Zinta and her guests.
Wadia then got engaged in an argument with the actress over lack of courtesy being shown to his elderly mother "which has now been twisted and turned into a molestation case".
Zinta's complaint, however, has no mention of this.
The actress said Wadia abused her on the ground and said things which were "demeaning for my reputation and character" and, as it happened in front of so many people, "it has really disturbed me and caused immense damage to my reputation and character".
"Mr Ness Wadia's aforesaid behaviour on numerous occasions has embarrassed me and made me feel ashamed, especially in public," she said.
Zinta went on to say, "he has gone to the extent of threatening me with dire consequences and intimidated me by boasting of his political clout and connection.
"During the match on 30th May at Wankhede Stadium, in the evening, Mr Wadia intimidated me by saying that he could make me disappear as I was a nobody and only an actress and he is a powerful person," she said, adding the incident had left her "shattered".
The actress also said she had lodged a verbal complaint with BCCI officials.
In a Facebook post, Zinta said she had to take the "stern step" as the incident took place in front of "way too many people" and hoped the police will do their job "fairly and quickly".
Calling it a "fight for respect at my workplace", the actress said she had truth by her side but was saddened that "no one at work or around ever stood up for me in the past when I was abused and insulted publicly."
"This time I was left with no option but to take this stern step as this incident happened in front of way too many people," she said and requested that it should not be diluted by "every other fabricated story about my character" and made into a TV soap.
Questioning the "delay" in taking action in the case, Maharashtra State Women's Rights Commission gave the city police a 24-hour ultimatum to arrest Wadia.
Chitra Wagh, a member of the state's Women's Rights Commission, who visited Marine Drive police station to inquire about the progress of investigation, said, "We have served a 24-hour ultimatum to Mumbai police to arrest Ness Wadia."
National Commission for Women has decided to take suo motu cognisance of the allegations and will conduct a detailed investigation into the case.
"We will take cognisance of Preity Zinta's case and conduct a detailed investigation into the matter on our own," NCW chairperson Mamta Sharma said.
"I have got to know through media reports that Preity used to live together with Ness Wadia till 2009. But it doesn't matter. If Wadia did something wrong as what Zinta is alleging, then we will proceed as per findings of our investigation," Sharma said.
Expressing her disapproval, senior Congress leader Shobha Ahuja said that it was not important with whom violence is committed, instead it is important who is committing it.
"There is need to change the mindset of men. We have to give rights to women similar to men. If this mindset is not changed, such incidents will happen even to celebrities and other women working in high posts," Shobha said.
************** Another report on the CCTV footage **************
Deccan chronicle report mentioning the angle of "Zinta's Jealousy towards Ness Wadia's new girlfriend!". Excerpt: In a shocking twist, Wadia’s friends have now alleged that the bad blood between two former lovers was because of his having found love with another woman and moving on.
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