A Mumbai court ruled in the 2007 obscenity case involving Hollywood star Richard Gere kissing actor Shilpa Shetty at a public event that a woman being grabbed on the street or in public transportation cannot be considered "participative" in such occurrences and cannot be charged for failing to act.
In this instance, the respondent (Shetty) was kissed rather than she giving a kiss. According to Additional Sessions Judge S C Jadhav, there is no evidence that the woman used an obscenity. He upheld the magistrate court's decision to release Bollywood actor Shetty from the case last week. On Tuesday, the complete order became available.
When Gere and Shetty shared the stage for an AIDS awareness session in Rajasthan in 2007, Gere kissed Shetty on the cheeks. The prosecution had requested that the magistrate's decision be overturned, claiming that there was sufficient evidence against the accused (Shetty) to establish charges under IPC section 292 for obscenity, the provisions of the Information Technology Act, and the Indecent Representation of Women (Prohibition) Act. Shilpa Shetty, who attorney Prashant Patil represented, objected to the motion, claiming that the lower court's decision was "proper and legal." Because there is no evidence to support charges, the contested order is not absurd. Therefore, the revision application must be rejected at great expense, according to Patil.
The court, after hearing both sides, on April 3 said, "A woman being groped on the street or touched on a public way or in public transport cannot be termed as accused or participative to the extent of mental culpability and she cannot be held for illegal omission to make her liable for prosecution." The court stated that it is an unstated fact that the current respondent (Shilpa Shetty) was kissed rather than having kissed anyone.