As reported in Indian Express on Dec 25, 2009
The vacation bench of the Bombay High Court on Thursday refused to hear the discharge plea of one of the accused in the alleged gangrape of a US national studying at the Tata Institute of Social Sciences (TISS), Deonar. Vacation judge S J Kathawala was of the opinion that the matter needs to be heard at length and adjourned the hearing to January 4, the opening day of court after vacation.
One of the accused, Kundan Raj Borgohain (23), has moved the High Court seeking discharge from the case on the grounds that he is already out on bail and there was no prima facie material against him.
When the state government informed the court that the framing of charges is due in the case, HC judge directed that the sessions judge frame the charges on January 5, so that the discharge plea can be decided prior to that.
After the alleged gangrape of a US national studying at TISS in May this year, Borgohain was released on bail in September. Borgohain was arrested after it came to light that the victim was gangraped in his Andheri house. He, however, claimed that he is in no way connected with the act. His main contention for seeking discharge plea was that just because the alleged crime occurred in his house does not indicate his involvement. He said he has no contact with the girl or anything to do with the alleged incident.
December 28, 2009 at 2:20 pm
It is indeed surprising to note that the accused Kundan Raj wants to shed of his responsibilities in the case. Surprisingly,he is the main culprit so to say. He was informed well in advanced by one of the boys that a girl is coming too which can be confirmed by him informing the watchman at the gate to allow them in. Physically on their arrival at his flat he was aware of their state- drunk, yet he invited them in.Entered the room to put on the stereo.Allowed the girl to be in the same room with three of the boys for the entire night. YET HE IS OUT ON BAIL and NOW DEMANDING A DISCHARGE AS HE IS ALREADY ON BAIL ? Where was his civic responsibility.
He should not have allowed them in or least separated them and allowed the girl alone to sleep in the room under locked doors. This would have certainly saved the day for all of them.Discharge – his BAIL too needs to be cancelled.