Excerpt from DNA, reported by Mayura Janwalkar on Wednesday, November 18, 2009: Read Full Article
Two of the men accused of raping a foreign student of the Tata Institute of Social Sciences (Tiss) in April this year have sought bail from the Bombay high court stating that although they were present in the flat where the alleged incident took place, they were not in the bedroom and had committed no crime.
“At the highest, we would plead guilty for being drunk. Nothing more than that,” said advocate DU Mirajkar arguing for Dev Colabawala, an accused. Representing the other accused Anish Borkataki, advocate Majeed Memon said, “I [Borkataki] did not speak to her [the victim], I did not even touch her.”
Both the accused have sought bail on the grounds that a case of rape itself has not been made out based on the technical evidence. They also said that their case was “almost the same” like that of Kundan Raj Borghohain, who was enlarged on bail. Borghohain, who stayed in the Andheri flat where the alleged rape took place, was granted bail in September as the court felt that he did not share the common intention with the other accused.
