A division bench of Justice AK Sikri and Justice RK Agrawal, while turning down the plea, directed the trial court to complete the case within six months.
Charagh Din heir Nikhil Daswani will now be tried only for assault, wrongful confinement and molestation after the Supreme Court last week dismissed an appeal filed by fashion stylist Kavita Lakhani, challenging a Bombay High Court order, which had dropped a serious charge of abduction that Lakhani levelled against Daswani in 2003. A division bench of Justice AK Sikri and Justice RK Agrawal, while turning down the plea, directed the trial court to complete the case within six months.
The apex court, on hearing the arguments from both sides, said "This court has time and again held that mere abduction does not bring an accused under the ambit of Section 366 IPC. At the highest, the present case can amount to that both of them were in a relationship and due to a sudden outbreak of emotions or due to a sense of insecurity on the part of Respondent No. 2 (Daswani), the above act was committed. We are of the opinion that the charge under section 366 of the IPC is not maintainable and the High Court was right in upholding so.
On September 11, 2003, Lakhani had lodged a complaint against Daswani alleging that he forcefully took her to his residence in Cuffe Parade, assaulted her and touched her inappropriately.
The Gamdevi Police investigated the matter and filed a charge sheet before a magistrate court. The magistrate transferred the case to a sessions court after finding a prima facie case under IPC sections 363 (kidnapping); 366 (kidnapping, abducting or inducing a woman to compel her marriage), sections 506 (ii) (criminal intimidation), along with four other minor offences.
The sessions court, however, on July 4, 2007, discharged Daswani from the three offences, and remanded the matter back to the magistrate court. Lakhani moved the high court in October 2012, challenging the sessions court order, but restricted her arguments primarily pressing only one penal provision, section 366 of the IPC. However, the Bombay high court upheld the sessions court order.
TIMELINE
Sept 11, 2003 - Kavita Lakhani alleges that Nikhil Daswani forcefully took her to his residence in Cuffe Parade, assaulted her and touched her inappropriately.
July 4, 2007 - Sessions court drops cases against Daswani filed under IPC sections 363, 366 and 506 and remands the matter back to the magistrate court.
October 2012 - Lakhani moved the Bombay High Court challenging the sessions court order but it was, however, upheld by the HC.
April 2018 - The Supreme Court upheld the HC order and directed the trial court to complete the case within six months.
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