Mumbai: Police have confirmed they are investigating a complaint by Preity Zinta against her business partner and former boyfriend, Ness Wadia. The complaint filed comes under four sections of the Indian Penal Code, including 354: Assault or criminal force to woman with intent to outrage her modesty.
Veena Gowda, an independent women’s rights lawyer in Mumbai, says it’s a difficult offence to prove.
“For offences such as sexual harassment and insulting the modesty of a woman, the conviction rate is quite low and in this case there are many variables to conclude that it will eventually result in conviction. These are difficult offences to prove and in Preity Zinta’s case, the cops have made a statement that the CCTV footage in the stadium is not clear.”
“Though according to legal principles, the character of the person is not relevant in this case, there are certain factors that play in a judge’s mind, how the judge perceives the case and appreciates the evidence. Given the publicity to the case, I believe the judge would be cautious.
“Since Preity is a very articulate person and has had a lawyer right from the start, I hope the case will be a water tight one.”
Mumbai Police has recorded statements of two persons in connection with the alleged molestation, but is unable to reach the Bollywood actress as she is out of the country.
“Statements of two persons, who were at the Garware pavilion in Wankhede stadium on May 30 when the alleged public spat between Zinta and Wadia broke out, were recorded last night,” a police official involved in the investigation told PTI on Sunday.
However, police did not reveal the identity of the two persons and remained tight-lipped on what emerged in their statements.
“After collecting some substantial evidence, we will summon Wadia,” he said.
The investigators will also ask the actress to provide emails exchanged between her and her former boyfriend.
India’s Supreme Court has set guidelines regarding complaints of sexual harassment in the workplace, says Godfrey Pimenta, a legal consultant. “In my own experience, I dealt with a case where allegations were made by a female employee against her male colleague in an office. We found no evidence and therefore no case could be made. However, we put up circumstantial evidence so that the man could be transferred to another department. Unless a person is privy to the incident or there is an eye witness, only then a case can be made.
“In Preity Zinta’s case, it has to be seen whether she filed any police complaint earlier. Complaining to BCCI officials [as Zinta says she has done] is not enough, as it is a private body. There are other factors to be considered such as with relations gone sour, whether it was to take revenge.”
Mumbai Police on Sunday said they have recorded statements from two persons in connection with the alleged molestation, but is unable to reach the Bollywood actress as she is out of the country.
“Statements of two persons, who were at the Garware pavilion in Wankhede stadium on May 30 when the alleged public spat between Zinta and Wadia broke out, were recorded last night,” a police official involved in the investigation said.
However, police did not reveal the identity of the two persons and remained tight-lipped on what emerged in their statements.
The investigators also wanted to record the statement of the 39-year-old actress but she is presently not in the country, the official said.
“After collecting some substantial evidence, we will summon Wadia,” he said. The investigators will also ask the actress to provide emails exchanged between her and her former boyfriend, which police say, would throw some light to understand the long-simmering differences between the complainant and Wadia
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