Advocate Mahesh Vaswani, appearing for Tiwari, had argued before the court that, for the sake of argument, even if the FIR is taken as it is, no case of rape can be made out because there is ambiguity in it.
A special women's court on Wednesday rejected a discharge plea filed by playback singer Ankit Tiwari, accused of raping his girlfriend. The detailed order of the court, bearing the reasons of the court in rejecting the plea, will be made available to the accused a couple of days later.
Advocate Mahesh Vaswani, appearing for Tiwari, had argued before the court that, for the sake of argument, even if the FIR is taken as it is, no case of rape can be made out because there is ambiguity in it.
Further, it was argued that as per the complaint, the alleged rape took place in the complainant's house when she had invited Tiwari to a birthday party. It is alleged that Tiwari forced her to have a 'hard drink', but she has not mentioned if it was liquor or wine or if it contained alcohol.
Though the victim has also recorded her statement before the magistrate under Section 164 of the CrPC, which could be used as evidence during the trial, and she had mentioned that it was alcohol in her statement, Tiwari's lawyer maintained he did not force her to have it.
The lawyer argued it was Tiwari's first visit to the complainant's house and her daughter, sister and other family members and friends were also present in the house, so it is not probable that he could have forcefully taken her to her bedroom and committed rape.
Vaswani claimed that the allegations of rape are totally false and the complainant's claim that Tiwari continued to rape her by threatening her of making her videos public is also not true because the police could not find any obscene video involving her on his mobile phone.
A case of rape was registered against Tiwari after a 28-year-old married woman alleged the singer raped her on several occasions between 2012 and 2013.
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 "Ankit Tiwari")
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