"(Sunil) Paraskar did not rape the model, rather the evidence that the police have produced before the court clearly shows she had consensual sex with him," Rizwan Merchant, advocate for the deputy inspector general (DIG) who is accused of rape told a special court on Tuesday.
What's the basis for advocate's claim?
Merchant said he had also collected sufficient evidence in the form of conversations that showed the model intended to falsely implicate the senior police officer in the case.
The advocate was presenting arguments on a 30-page anticipatory bail application on behalf of Paraskar before the special women's court, presided over by judge Vrushali Joshi.
Paraskar had been granted interim protection from arrest till August 5.
Have cops applied wrong sections?
Merchant argued that the sections the police had slapped against Paraskar were not applicable.
"As per the sections the police have slapped against the officer, any public servant who takes an advantage of his official position and commits rape on a person who is in his custody has committed an offence under sections 376(2) and 376(c) of the IPC. But the fact is that the victim was not in his custody and hence he did not commit the offence under the garb of being her custodian," the advocate said.
Why did model not raise an alarm?
Merchant argued that according to the police, the DIG allegedly molested the model on December 1, 2013 and raped her on December 7, 2013.
"The victim claimed that she was molested by the officer on December 1, 2013, when he accompanied her to his Navi Mumbai flat. However, she says when she resisted, he apologised for his behavior," the advocate said.
"However, exactly six days after she was allegedly molested by the officer, she once again met him and, according to the model, he took her to a bungalow in Mudh, Malad and allegedly raped her," he said.
"My doubt at this point is that when she claimed that the officer raped her, why did she not raise an alarm by shouting? Rather, after the officer assaulted her, she claimed that she dressed up and the two left the bungalow at the same time in the same vehicle. This statement by the model does not inspire confidence in the FIR," the advocate argued.
Why did model not approach friends?
Advocate Merchant also said that the model had mentioned that she was on good terms with several police officials and many media personnel.
"When the victim claimed that she knew several police officials and media personnel, why did she not approach them to register an FIR against the officer?" Merchant asked.
The advocate said the model and her manager had met the senior police officer and his wife for lunch in 2014, but she did not talk about the incident even then.
Model was silent at lunch with cop, wife
"A husband's life starts and ends with his wife and even then the model did not inform his wife about the incident," the advocate said.
The court adjourned the matter till Wednesday, when Merchant will complete his arguments.
When dna spoke to chief public prosecutor Kalpana Chavan, she maintained that the prosecution would file its response after Merchant completed his arguments.
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