Raj Kundra issues clarification on Poonam Pandey-Sherlyn Chopra allegations in relation to erotic videos

In connection with the pornography case involving Poonam Pandey and Sherlyn Chopra, businessman Raj Kundra has filed written notes in an anticipatory bail motion with the Bombay High Court.

The case was deferred by the Court last week until Monday, November 22. "No case under Section 67, nor 67(A) can be made out against the applicant or any other co-accused, in the present prosecution," Kundra's legal team, led by Advocate Prashant Patil and Advocate Swapnil Ambure, wrote in his written notes.

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Ambure stated in a statement to "The prosecution is attempting to prove that the videos of Sherlyn Chopra and Poonam Pandey are the subject of the crime. Mr. Kundra has stated that he had no involvement in the creation or dissemination of the aforementioned videos. In reality, both Ms. Chopra and Mr. Pandey have stated that they created such videos for economic advantage."

"We have provided a decision and a brief note demonstrating how the said content/videos do not attract 67A of the IT Act," Patil continues. 'Explicit' means stated plainly and precisely, or prescribing or depicting sexual acts in a direct and detailed manner.' While Black's Law Dictionary defines 'Sexual Action' as 'Physical sexual activity or both parties engaging in sexual intercourse.'

"Is in no way associated to the content creation, publication, or even transmission of the said videos," they claim. "The videos may be sexy, but they do not involve any physical sexual activity or both parties engaging in sexual intercourse," they added.

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"None of the stuff that was displayed on 'Hotshots' was made or posted during the period that he was linked with it," the lawyers said in response to the inquiries into the app "Hotshots."

In response to Chopra and Pandey's charges, they claimed in the application that the video "is not sexually explicit as required under 67A of the IT Act." Ms Chopra and Ms Pandey also had full control over programming and distribution through their personal OTT app provided by the Applicants Company, and they were paid for it."

It went on to say that both Poonam and Sherlyn were given access to a site where they could communicate with their followers who had paid for a subscription.

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In July, the Bombay High Court granted Sherlyn and Poonam anticipatory bail in the porn case. After hearing their case, the Court decided that no coercive measures against them will be implemented until September 20, 2021.

Kundra has also been granted the same permission, which has been extended till November 25th. Kundra allegedly compelled the couple to shoot the R-rated movie, according to the trio.