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Ankit Tiwari's discharge application for the 2014 rape case takes a new turn

The arguments for Ankit's discharge application concluded before justice KS Shende on Thursday.

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The order for Ankit Tiwari's discharge application will be decided by the Special Women's Court on June 1.

The arguments for Ankit's discharge application concluded before justice KS Shende on Thursday. He was accused by his 28-year-old alleged girlfriend and charges were pressed on him under IPC sections 376 (Rape), 493 (Cohabitation caused by a man deceitfully inducing a belief of lawful marriage), 506 (2) (Criminal Intimidation) and 417 (Cheating).

Tiwari had sought discharge on the grounds that there were discrepancies in the allegations against him in the written report to police and the subsequent FIR. "Not a single word against him (Ankit), no mention of 'force' or 'alcohol' in the initial complaint," argued Vaswani. He further added, "No medical report was submitted that day that mentioned injuries or signs of force."

The entire allegation of a birthday party happening with the complainant consuming alcohol without knowing about it, was shunned by Vaswani. "It was complainant's sister's party. She was in her senses. How can she not know whether it was alcohol or not, if she got the food and drinks into the house?," argued Vaswani.

He further argued, "If there were many people in the party, including her sister and her 11-year-old daughter, no one objected her being in the room through the night?." He added that many details of the incident were missing in her report, the word 'hard-drinks' was used by her and the witnesses, but not 'alcohol'.

Vaswani further argued that the episode of the complainant's sister's birthday party and Ankit visiting them was built up later and there is no reference of the same in the initial complaint. In fact she had rather praised him "affectionately". However, the public prosecutor informed that "There is sufficient material in the charge sheet and report to support our allegations against Ankit."

Coming to the allegation of an 'obscene' video, Vaswani said that the relation was 'consensual' and denied the threat of making a public video of the complainant.

Talking about Ankit's brother, Ankur Tiwari was charged for threatening the woman. According to the complainant, Ankur called her downstairs while she was at home and threatened her with a knife. Vaswani questioned, "If he came outside her residence, why is there no mention of time, date, CCTV footage or any other details?" The prosecution, however, maintained that all allegations against the accused and his brother were true.

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