Originally posted by: shruthiravi
@determination thanks for making this post. Yes for me too Samay is the voice of truth. I went through his testimony twice because it was that beautiful. Believe me when he entered the court I just felt like Krishna walking in MB. 😆. First Piyush is doing a very good job as Samay and creatives have really written his dialogues well.
What I concluded from his testimony was ( if I take that testimony as truth ). What Ayan did to Maya was physical assault. But Maya felt it was attempt to rape.
Ayan should have been punished for physical assault and intimidation. It should not have been brushed off like Saanjh said. Any brother would have done it.
Maya when she put the keys in the blouse might have thought Ayan would not touch her. Her feelings were true when she spoke as the Goddess of Justice was shown.
Path should have been from Samay's truth to Maya's feelings and her feelings should have been corrected and she punished for her offence. That's taking Arjun. And Ayan for his offence, that is physical assault and intimidation.But we travelled from Maya's feelings to Samay's truth which ended up in Ayan getting punished in wrong category and Maya going scott free.
To be very truthful and this interpretation comes only after watching yesterday's (Monday's) episode, I am not sure any more whether Ayaan is guilty of battery. But, he is definitely guilty of criminal intimidation.
Firstly, on the charge of battery, of course, Ayaan cannot legally take the excuse of 'intoxication' as it was voluntary intoxication.
However, even before one talks about applying exceptions, the two elements of the crime (mental and physical) have to be proved.
For every crime, intention to cause the same has to be proved. I don't really know whether Ayaan at that moment (at the crime scene) had any intention to cause assault or battery. (He definitely did have an intention to intimidate Maya).
As it is difficult to prove one's mental state, I guess a good lawyer, in such a case, can prove Ayaan's intention or lack thereof, through circumstantial evidence only.
I, however, at this moment, have started thinking that maybe Ayaan's act did not cause any injury, fear or even annoyance in Maya's mind (as she was really prepared for Ayaan). Maybe, Ayaan did not even aim to cause the same.
On the other hand, I guess we can argue that even if Ayaan had no intention to cause injury/fear/annoyance, he had the knowledge that his actions would in likelihood cause such injury/fear/annoyance - so, the mens rea element is fulfilled.
I guess Ayaan could still not be held liable for battery as he could successfully take the defense of 'grave and sudden provocation' (provided Ayaan had a more competent Counsel for Defense).
Finally, the lesson I learn from each court room drama shown on every daily soap (including the one shown on 'Beyhadh') is that do not expect the CVs to do their research on Indian laws, even preliminary research is beyond their scope😉. However, Samay's testimony was still one of the best executed ones on television till date (in terms of legal clarity only and not the drama quotient).
Kabhi Neem Neem Kabhi Shahad Shahad
