Ankit Tiwari's discharge plea in rape case rejected

A special women's court on Wednesday (June 1) rejected a discharge plea by Bollywood singer Ankit Tiwari in a rape case filed against him by a woman in 2014. Special Judge Anju Shende rejected the plea and said the detailed order bearing the reasons for rejecting the plea will be made available to the accused a couple of days later.

Ankit was arrested in May 2014 after his once girlfriend lodged complaint against the singer. The victim alleged that he repeatedly raped her between October 2012 and December 2013 on the false promise of marrying her. The Versova police released Ankit on bail after a month. His brother Ankur Tiwari was also arrested for allegedly threatening the victim.

Last month, the accused singer and his brother Ankur moved the court seeking Ankit’s discharge in the case. In the application, Ankit had stated that the complainant's allegations in her written statement to the police and in the FIR were different. He also claimed that his relationship with the girl was consensual.

Arguing the discharge plea, Ankit’s lawyer Mahesh Vaswani said the singer and his brother "are absolutely innocent and there is absolutely nothing in the FIR or the investigations which remotely even constitute any offences as alleged in the FIR and charge-sheet filed.''

He further argued that the complainant’s statement that the alleged rape took place during her birthday party at her house on July 20, 2013 is contradictory to the statement of witnesses who said the party was held on July 21.

It is alleged that Tiwari forced her to have a 'hard drink', but she has not mentioned if it was liquor or wine or if it contained alcohol. But Vaswani argued that the "party was hosted by the woman and not once she has stated that the she had served alcohol, so how can it be assumed that she had it.''

The lawyer argued it was Ankit's first visit to the complainant's house and her family members and friends were also present in the house, so it is not probable that he could have forcefully taken her to bedroom and committed rape.

He claimed that the allegations of rape are totally false and the complainant's claim that Tiwari continued to rape her by threatening her of making her videos public is also not true because the police could not find any obscene video involving her on his mobile phone.

The singer is being tried under sections 376 (rape), 493 (cohabitation caused by a man deceitfully inducing a belief of lawful marriage) and 506 (2) (criminal intimidation) of Indian Penal Code.