Mumbai, November 18: Two of the men accused of raping a foreign student of the Tata Institute of Social Sciences (Tiss) in April this year have sought bail from the Bombay high court stating that although they were present in the flat where the alleged incident took place, they were not in the bedroom and had committed no crime.
“At the highest, we would plead guilty for being drunk. Nothing more than that,” said advocate DU Mirajkar arguing for Dev Colabawala, an accused. Representing the other accused Anish Borkataki, advocate Majeed Memon said, “I [Borkataki] did not speak to her [the victim], I did not even touch her.”
Both the accused have sought bail on the grounds that a case of rape itself has not been made out based on the technical evidence. They also said that their case was “almost the same” like that of Kundan Raj Borghohain, who was enlarged on bail. Borghohain, who stayed in the Andheri flat where the alleged rape took place, was granted bail in September as the court felt that he did not share the common intention with the other accused.
Justice VM Kanade asked what were the allegations against Colabawala, a Qatar national, and Borkataki who is from Assam. Additional public prosecutor Yogesh Nakhwa said they had consumed beer at the Cafe XO in Govandi and a chemical analysis report said that there was 0.030% alcohol content in their blood.
However, advocate for the victim Mahrukh Adenwala said that the two accused were travelling in a separate autorickshaw than that of the victim. She said they were the ones who cancelled the plan to go to Club Bling at The Leela and decided to go to Borghohain’s flat in Andheri. They informed the victim and the other two accused who were with her. She added that both were present in the flat on the morning after the incident.
According to Adenwala, the accused insisted that she have more alcohol at Cafe XO and she was given a “stupefying substance” along with it as Cannabis was found in her urine. The court will continue to hear the case on Wednesday.
–Agencies–