MUMBAI: Abhishek Kasliwal's counsel V R Manohar on Tuesday attempted to point out chinks in the rape story as well as the conduct of the victim. While not denying the sexual act, Manohar refuted in the Bombay high court that it was rape. "It was consensual sex. The rape charges were filed as Kasliwal refused to pay the money for which a bargain was stuck,"he said.
The counsel pointed to the fact that the victim in her own statement to the police had admitted that she was roaming on the streets till 2.30 am. She had accepted a lift from Kasliwal and also drank liquor offered by him before and after the alleged rape. Moreover, the victim had demanded money for her medical treatment after the incident, which Kasliwal refused. Manohar also claimed that the place of residence at Andhra Pradesh given by the victim was false and no waiter by the name Francis worked at Sports Bar, for whom she was apparently waiting at the bus stop. The advocate also raised questions on why the victim went to St George hospital when there were 13 police chowkies on the way where she could have lodged a complaint.Public prosecutors S R Borulkar and Rajeshree Gadhvi represented the state. Borulkar refuted allegations that the rape story was concocted."There were injuries on the victim's upper body and her hand was fractured, which proves that she had tried to resist. The medical report says that Kasliwal had scratch marks on his wrist,"said Borulkar. The prosecutor also denied that Kasliwal was being framed and pointed to the fact that the victim did not know his identity, and in the FIR had mentioned his name as 'Vicky Malhotra'. Borulkar also expressed fears that Kasliwal would tamper with the evidence as the two prime witnesses were watchmen working at Sriram Mills compound, owned by the Kasliwal family. The prosecution also submitted a statement of one Madhu Shetty who had claimed that he was raped by friends of Kasliwal.