Sessions Court Criticizes Trial Court's 'Hypertechnical' View in Film Producer Case

A sessions court has overturned a trial court's decision to release film producer Gunwant Jain, accused of rape, due to a technicality in the timing of arrest grounds communication. The sessions court emphasized the need to balance procedural compliance with investigative needs, allowing police to arrest Jain if he doesn't surrender.

A sessions court has chastised a trial court for taking an excessively 'hypertechnical' stance in granting relief to rape-accused film producer Gunwant Jain. The trial court had initially released Jain, citing a minor delay in informing him of his arrest grounds, which contravened the Bharatiya Nagarik Suraksha Sanhita (BNSS).

Jain was arrested on November 21, accused of raping a 38-year-old model. The following day, police sought his remand, but the magistrate ordered his immediate release. The police appealed this decision, and Additional Sessions Judge D G Dhoble of the Dindoshi Court ruled against the trial court, directing Jain to surrender.

If Jain fails to surrender, police are authorized to arrest him. The sessions court emphasized that while the arrest's legality was questioned due to a four-minute delay, this did not substantiate prejudice against Jain. The judge reiterated the necessity for a reasoned understanding of 'forthwith' and procedural fairness in compliance with BNSS.

(With inputs from agencies.)