Mumbai: Court Releases Rape Accused Due to Police Procedural Lapses

In a surprising verdict, the Andheri Metropolitan Court has released film director and producer Gunwant Tarachand Jain, also known as Nikesh Madhani, who was accused of drugging and raping a 38-year-old model during a photoshoot. The court found his arrest to be illegal due to procedural errors, including a four-minute delay in informing the accused of the grounds for his arrest.

Madhani was arrested on November 21, 2024, under Sections 376(2)(n), 328, and 506 of the Indian Penal Code (IPC) after allegedly spiking the victim's drink, assaulting her, and using video footage to blackmail her. However, the court ruled that the arrest was unlawful as the police informed Madhani and his companion of the charges only at 11:00 pm, four minutes after his arrest at 10:56 pm. This delay violated Section 47 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), which mandates that the accused be informed of the grounds for arrest beforehand.

The court also noted that Madhani’s family was not notified of his arrest, which is another breach of procedural requirements. Despite the serious nature of the charges, these lapses led to the court's decision to release the accused, prompting a statement from the police acknowledging the errors and promising to re-arrest Madhani following the proper procedures.

The victim expressed shock and disbelief at the court’s decision, questioning the motives behind the police's handling of the case. Madhani, on the other hand, denied the allegations, calling them baseless and damaging to his reputation.

This case highlights the importance of strict adherence to legal procedures during arrests, as outlined in Sections 47 and 48 of the BNSS, ensuring that fundamental rights of the accused are upheld.