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ShareDev Colabawala, one of the six men accused of raping a foreign student of the Tata Institute of Social Sciences (Tiss) in April this year, has moved the Bombay high court for bail on the grounds that his mere presence at the place of the incident does not show his intention to join in the crime.
Colabawala claimed that the medical evidence and supplementary statements recorded by the police also do not point towards rape in the first place. Colabawala, a citizen of Qatar, cited the case of Kundan Raj Borgohain, another suspect in the case who was granted bail by the high court in September. The victim, a US national, was allegedly raped in Borgohain's flat in Andheri. Borgohain was released on bail as the court felt he did not share the intention of the others to commit the crime.
Colabawala's bail plea was rejected by the sessions court on September 19. In his new application, he said, "The FIR indicates speculation by the complainant that she might have been subjected to rape."
He further contended that "the mere presence in the vicinity does not constitute gang rape" and his presence at a cafe drinking beer with the others and the victim cannot be seen to constitute"common intention".
On Tuesday, additional public prosecutor Sangeeta Shinde told the court that the entire charge sheet was not attached to the bail application and sought an adjournment. Justice VM Kanade will now hear the case on November 11.
Colabawala also said that on April 12, the complainant had first claimed that there were only three accused but later changed the number to six. "The glaring improvement cannot be attributed to any state of mental confusion as medical history indicates that the complainant was well oriented in respect of time, place, and person," the petition said.
Moreover, Colabawala said, "The victim was a willing visitor to the apartment and had no reservations about being actively intimate with one of the co-accused."
