Court
acquits six accused of gangraping US national
Wednesday June 29, 2011 09:02:41 PM,
IANS
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Mumbai: Acquitting
six students of the charge of gangraping a US national, the Bombay
High Court Wednesday dismissed the Maharashtra government
challenge to a trial court verdict in their favour, a lawyer said.
"The division bench of Justice Mridula Bhatkar and Justice N.H.
Patil said that there is no evidence to prove the gangrape," said
Rohini Salian, defence lawyer of one of the accused, Vinamra Soni.
In April 2009, the 23-year-old student of the Tata Institute of
Social Sciences (TISS) accused six friends - Harshvardharn Yadav,
Vinamra Soni, Anish Borkataki, Jaskaran Singh Bhullar, Kundanraj
Borgohain and Dev Colabawala - of gangraping her after calling her
to a party.
"The trial court acquitted the accused as the victim's statement
was inconsistent. She first claimed three persons could have raped
her and later said it could be six," Salian said.
"She also said that she suspected she was raped and not that she
was sure that the act took place. Medical evidence also showed no
indication of any sort of sexual contact of the victim with any of
the accused," the lawyer added.
The court said that in case of absence of direct or indirect
evidences, the offence could not be proved.
"In this case neither the woman is saying directly that she was
raped nor is there any evidence to prove so. Even the medical
tests are negative," the lawyer said, quoting the judges.
On April 12, 2009, the victim joined a party outside the
institute's campus in Trombay in north Mumbai along with two of
the accused, who later invited her to their home nearby, she
alleged.
There the other accused were already present and they committed
the crime, she alleged.
In October 2010, a Mumbai trial court acquitted all six accused
due to lack of evidence, following which the state government
filed an appeal in the high court.
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