Mumbai: A magistrate court that acquitted 42-year-old award winning director Subhash Kapoor, accused of molesting a actor at her flat in 2012, said it was difficult to believe why the woman retaliated in the form of “no” only and also that her conduct was inconsistent with the ordinary course of human nature.

The magistrate questioned why the woman did not raise any alarm at the time of the incident even though there was security guard in the building. “It appears from cross-examination that the informant did not scream when accused pulled her towards the bedroom and she has not sustained any injury when accused forcefully pulled her. Her dress was not damaged when accused forcefully put his hand in her dress. It is important to note that conduct of the informant is inconsistent with the ordinary course of human nature,” metropolitan magistrate AI Shaikh said.

The magistrate held it was probable the case was a result of professional jealously. It was observed that while her movies had not done well, Kapoor had won awards. “Accused No 1 (Kapoor) has not given her any role in his movies. It is also evident that informant has posted negative tweets on the success of accused and all the above facts substantiate the defence of professional jealously taken by the accused and makes it a probable,” the magistrate said.

The magistrate also questioned the two-year delay in complaining to cops despite being educated and shooting for films and being active on social media in the interim.

“The circumstances are not like that the informant is common lady who is having no knowledge about the police and laws and who is having scare in mind about police. In the present case the informant was journalist and moreover she is matured lady she would have communicated the overact of the accused to any person who can give her relief immediately after the incident. Informant would have opportunity to approach the nearest police station and such reactions would be natural reactions of any women who have faced such humiliation,” the magistrate said.

The magistrate said her silence creates doubt about the truthfulness.

While Kapoor was acquitted on December 12, the 47-page detailed judgement copy was made available this week. Script writer, Danish Haidar (46), accused of posting a defamatory article against the woman in lieu of the allegations, was also acquitted.

While the alleged incident had taken place on May 25, 2012, the FIR was registered in 2014. The woman had alleged that after a night out with others including her sister and Haidar, only Kapoor and she were eventually left in the flat overnight. She alleged that she had asked Kapoor to leave in the morning, but subsequently he molested her.

The magistrate labelled her allegations concocted and an afterthought.

Explaining the delay, the woman had told the court that she had lost her confidence and could not overcome the incident. However, referring to her cross-examination, the magistrate said, “It is difficult to believe that despite losing confidence and unable to overcome from the incident the PW 1 (prosecution witness number 1-woman) worked in two movies at the relevant time and even after the incident she worked in movie and she was active on social media.”