Mumbai: Rape accused let off due to 4-min delay by cops

Madhani was accused of drugging and raping a 38-year-old model. Representation pic/istock

The Andheri Metropolitan Court has released film director, producer and financer Gunwant Tarachand Jain, also known as Nikesh Madhani, after ruling his arrest by the Versova police was illegal. Madhani was accused of drugging and raping a 38-year-old model and actress during a photoshoot. The court's order was issued before the victim could undergo a medical examination.

Procedural lapses prompted the court to declare the arrest unlawful. Representation pic/istock

According to police sources, Madhani allegedly spiked the victim's drink, sexually assaulted her, and used videos of the act for blackmail. He was arrested on November 21, 2024, under Sections 376(2)(n), 328, and 506 of the Indian Penal Code (IPC). However, discrepancies in the arrest process led to the court's ruling against its legality.

Court observations

The court noted that Madhani was arrested at 10.56 pm on November 21, but the police informed him and his friend, Junaid Ishak Khan, of the grounds for arrest only at 11.00 pm - four minutes after the arrest. This sequence of events violated Section 47 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), which mandates that the grounds for arrest must be communicated beforehand. Additionally, the arrest panchnama revealed that Madhani's family members were not informed about his detention, further violating procedural requirements. These lapses prompted the court to declare the arrest unlawful, citing a breach of the accused's fundamental rights.

Court proceedings

Madhani was produced before the court on November 22, at 3.20 pm. Investigating Officer PSI Sandip Nikam sought police custody, arguing that the accused required medical examination and further evidence collection. However, the defence counsel challenged the legality of the arrest, leading the court to review case records, including the FIR and the arrest documentation. The FIR was lodged at the police station on November 21 at 11 am and registered at 5.49 pm. The court found that the arrest violated legal provisions, including failure to follow the mandatory process under BNSS.

Police response

Senior Police Inspector Gajanan Pawar of Versova police station acknowledged the procedural errors, "The procedure was not followed under BNSS, which led to this mistake. We will arrest the accused again while adhering to the standard legal procedure. The case remains under investigation."

Victim's response

"I'm genuinely surprised that the court released the accused. Even the lawyers in the courtroom were discussing how they had never seen or heard of such a verdict in years. It's clear to me that the police are protecting the accused. They intentionally omitted a crucial point raised by the accused's lawyer during the hearing. Otherwise, this isn't the first arrest made by these officers. They've arrested numerous individuals before, issued notices, and successfully presented cases in court. These are experienced professionals who know exactly what to do and what not to do."

Accused Speak

"I share a familial bond with her and her husband. I promoted her as a lead in music albums. Her claim that I raped her in March is shocking, especially since we continued working together until August. These baseless accusations have ruined my reputation," said Madhani.

Lawyer Speak

"As per Supreme Court case Prabir Purkayastha and Pankaj Bansal, it is mandatory to communicate the grounds for arrest in writing to the accused. Failure to do so constitutes a violation of the accused's fundamental rights guaranteed under Articles 21 and 22 of the Constitution of India. This requirement was established under the old Section 50 of the Cr.P.C. and is reiterated in the new Section 47 of the BNSS," said Advocate Akhilesh Shukla.

What the sections mean

Section 47(1) and (2) of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023

Section 47(1): Police officers or others arresting a person without a warrant must immediately inform the individual of the full particulars of the offence or other grounds for arrest.

Section 47(2): If a person accused of a bailable offence is arrested without a warrant, the officer must inform the individual that they are entitled to bail and can arrange for sureties.

Section 48 of the BNSS, 2023:

>> Inform relatives or friends: Police must notify the arrested person's relatives or friends about the arrest and their location.

>> Inform the arrested person: Police must promptly inform the individual of their rights upon being brought to the station.

>> Document notification: The officer must record who was informed of the arrest in a register kept at the station.

>> Magistrate's verification: A Magistrate must ensure that these requirements are met before the arrested individual is produced in court.

What Sec 47 Says

Every police officer arresting any person shall communicate to him the full particulars of the offence for which he is arrested or other grounds for making such an arrest