TISS rape: No relief in Bombay high court

Raising doubts over the investigations carried out by the Mumbai police in the infamous gang rape case of an American national studying at the Tata Institute of Social Science (TISS) in April 2009, the Bombay high court on Wednesday refused to allow the state to appeal against the judgment of the trial court acquitting six youngsters in the case. The court thus upheld the trial court’s judgment.

Division bench of justices NH Patil and MR Bhatkar observed, “We are aware that the victim is a foreign citizen and a high degree of caution and sensitivity is required. However, there is no evidence showing sexual intercourse.”

Referring to circumstances pointed out by the prosecution, the bench observed that some indirect evidence is a must in cases where there is no possibility of having any direct evidence. The prosecution had relied on the victim’s statement to the police where she had mentioned that she found that her clothes had been removed when she gained consciousness; that three of the accused were lying beside her and that she felt pain in her private parts. She had also stated that two of the accused had taken her to a chemist, insisting she should take a contraceptive pill, thus alleging that the accused had raped her after giving her sedatives.
The bench refuted the argument on the ground that there was no

evidence suggesting sexual intercourse having taken place. “Had substantial evidence of sexual intercourse been brought on record, the circumstantial evidence would have helped the prosecution to corroborate its case.”

The court rejected state’s plea noting the view taken by the trial court was a possible view and therefore no interference was necessary.

As per the police, on April 11, 2009, a 23-year-old student studying at TISS had been out partying with some of her friends. It was alleged that the accused had mixed some sedatives in her drink and then taken her to a flat in Andheri, where she was allegedly raped after she fell unconscious. On October 6, 2010, a fast track court at Sewri had acquitted all the six accused of all the charges levelled against them.

During the trial, the prosecution examined over 12 witnesses, including the victim, medical experts and the police to prove the case against the accused. However the trial court in its judgment noted, “The court has accepted the defences’ argument. The victim’s testimony does not inspire confidence. She does not fall in the category of a reliable witness. There is no other corroboration to her evidence. The medical evidence is negative so the accused are entitled for the benefit of doubt.”