The accused in the Tiss gang rape case in April will have a longer stay in prison. While one on them, Anish Borkataki, withdrew his bail application, the Bombay high court, on Wednesday, rejected the application of Dev Colabawala.
Justice VM Kanade said that the case of the two young men, in jail for the last seven months, was “not as straight forward” as their counsels made it out to be. When the court indicated that it was not likely to grant bail to the accused, Borkataki withdrew his bail application. Since, Colabawala did not follow suit, the court rejected his plea.
The duo had contended that they were only present at Cafe XO in Govandi with the victim and the other accused. They also said that they were in the Andheri flat where the alleged incident took place, but did not commit the crime.
The court observed that the victim, under the influence of a stupefying drug, was taken to the said flat against her wishes as she had clearly said she wanted to go to Club Bling in Sahar to meet her friend. “You (accused) should have let her go. Why did you take her to Andheri?” justice Kanade asked.
The victim’s advocate Mahrukh Adenwala said that under section 376 (2) (g) (gang rape) of the IPC even those who assist in rape are liable for punishment. “The mere presence of the applicant is enough to show they (accused) have acted in unison and in furtherance of a common intention,” the court said and observed that the circumstances indicate the possibility of rape and the allegations made by the victim, a US national studying at the Tiss, are “not totally unfounded”.
Additional public prosecutor Yogesh Nakhwa told the court that the case before the fast-track court is at the stage of framing of charge. The court ordered the trial to be expedited and concluded in six months.
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