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"A prudent person can understand a one-way love and may be ready to give up everything. However (taking into account) several valuables given by another person would suggest that the plaintiff, as a prudent person, can not have taken such objects unless the relationship between them is a solid relationship and that They are together. "
"In the factum, he can not be extended on bail," said the court. Dindoshi sittings Judge, S U Baghele, pbaded the order after a lengthy three – way bail hearing that ended after almost a week. Defense lawyer Dinesh Tiwari said the rape case "does not inspire confidence", "is concocted" and "abuse of rape laws" in what was a relationship " consensual "before its term. The Attorney General stated that the FIR had not reported any legal consent since she had alleged that in January 2017, when she had been raped for the first time, she had not only alleged that she had felt tired after drinking the coconut water that he had offered her, but had also asked her not to be afraid. would marry her after she protested.
His attorneys, Sheetal Pandya and Ali Kaashif Khan, stated that his consent had been taken with a false promise of marriage and that it was therefore a rape, also citing a case of the Supreme Court. Oberoi's attorney said that nothing could be based on the judgment she had cited because he had pointed out that the facts were different in this case. In this case, there was no question of marriage between the families and she never even said that she had met her parents. or family. The actor's lawyer said, "This type of abuse of rape laws has increased. Therefore, a movement (against it) started. So many cases have also been brought to light by the higher courts. Like CPI Section 498A (cruelty to his wife), rape laws are misused to conceal men. If something is given as a gift, it can not be a criminal investigation. The time has come to reform the law, otherwise the agony of men would no longer be endless.
The actor, a singer with a group of boys, was arrested on May 5 by Oshiwara police and placed in custody at Taloja Prison on May 9 by a magistrate. The FIR of the woman he met on a dating app in August 2016, reportedly raped several times, starting in January 2017. The Oberoi attorney has blamed the delay and stated that it was "unthinkable" that a person having "his personality", who would have already filed a complaint against another actor before, would not have been able to file an FIR against Oberoi before, if the rape was true. Tiwari read a number of SMS from a "compilation submitted by his lawyers" – messages exchanged with Oberoi – to demonstrate his claim that she was a "happy participant" in discussions and that she "was not forced to anything".
Police seized a laptop and phones from Oberoi, said Pandya, challenging "the authenticity of WhatsApp messages." The defense attorney however pointed out that these complaints had been extracted from a complaint that he had filed with the Oshiwara police in October 2018, while he had filed a complaint against her. She also questioned Tiwari's argument that the mobile app was intended for dating, not a wedding portal, and therefore not for romantic relationships.
Tiwari questioned the police for not yet seizing the informant's cell phones for investigation. "The police can not act as silent spectators … they are not supposed to be the complainant's spokesperson," he said. "No case warrants continued detention." In a newspaper, he concludes: "Unfortunately, in this case, the investigation agency behaves like a collection agency between his boyfriend and his girlfriend." Tiwari said the woman would have "threatened to use magic on the actor and his family". "How can a man resist? It's a mental injury … she wanted to make him fall in love with her by buying presents. It is often the men who do it. In this case, it was the opposite. "
Attorney KY Salunke opposes bail by stating that "a crime is under investigation" and points out that "from the beginning, the FIR is showing bad intention (of Oberoi) ". "It was not the free consent of (the woman). (She was in a subconscious phase) after saying that he would marry her. (This) corresponds to the definition of rape. He had clearly asked for money to delete a video of her, hence the extortion in the case. "
The 34-year-old female lawyer, Pandya, questioned the so-called black magic argument by stating, "If she were a black magician, he would not give her a present." "afraid" of his "threats" and consented after a false "promise of marriage". With regard to the argument "FIR delayed," she said: "It is not possible for a woman to file a complaint against whom she considers her future husband." She also said: "We do not expect her to go immediately and complain about it because she was afraid that if he publishes a video, it stigmatizes it. "
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