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Mumbai: Court orders probe after woman’s rape FIR contradicted by call records

Mumbai Court orders probe after womans rape FIR contradicted by


Investigation into the rape FIR filed by a 22-year-old woman against a 25-year-old man at the Oshiwara police station have left the police puzzled owing to contradictions in the alleged victim’s statements.

Hotel CCTV footage and mobile CDR records established that the accused was at a Bandra hotel at the time of the alleged incident, and not at the complainant’s residence as claimed. When these findings were presented in court during the accused’s anticipatory bail plea, the judge reportedly directed the investigating officer to file a detailed report and orally instructed that action be taken against the complainant if the case is proven false.

Case history

On July 19, Oshiwara police registered a case after a 22-year-old call centre employee from Malad West accused her colleague of raping her at her residence.

According to her statement, she had met the accused, a 25-year-old resident of Kandivli West, while working together at a call centre near Inorbit Mall. She alleged that he expressed a desire for a relationship and marriage, but she told him she only wished to remain friends.

The FIR states that on the night of July 18, the accused arrived at her flat uninvited around 8.30 pm. At 10 pm, he allegedly told her he could not live without her and offered her a cold drink spiked with medicine. After consuming it, she said she felt dizzy, following which the accused professed his love and forcibly had intercourse with her. She later approached the Oshiwara police and filed a complaint.

The accused was booked under relevant BNS sections for rape and administering an intoxicant to commit an offence. His statement was recorded, during which he denied the allegations, calling them baseless. He told police he was not at the complainant’s residence at the mentioned time but at a hotel in Bandra. Police issued him a notice under Section 35(3) BNSS to appear before the investigating officer whenever required. Fearing arrest, the accused switched off his phone and approached the sessions court for anticipatory bail.

Lawyer’s statement

Advocate Ali Kaashif Khan Deshmukh, along with Snigdha Khandelwal representing the accused, said, “The girl has previously filed rape cases against different men and is a habitual complainant. We will take all necessary legal steps to espose this extortion racket is exposed.”

“The police have confirmed in their reply to the anticipatory bail plea that my client was not present at the complainant’s house in Oshiwara on July 18, when she alleged rape. In the FIR, she claimed the incident took place at 8.30 pm. In the panchnama, she said it occurred on July 15 at 11 pm, and in magistrate court she alleged it happened again at 8:30 pm. These contradictions are clear,” Deshmukh said

Police speak

An officer from Oshiwara police station, speaking on condition of anonymity, said, “In 2024, the same woman had filed another rape FIR against a different man. In this case, too, she has not been cooperating with the medical examination. Investigation has revealed that her allegations are false. At the date and time she claimed the assault occurred at her residence, the accused was actually at a pub inside a Bandra East BKC hotel. CCTV footage and mobile CDR records confirm this.”

“We have no objection if the court grants anticipatory bail to the accused. The case has been found to be false, and we have sent an investigation report to higher authorities for filing a B Summary. Once the court receives the report, further action will be taken as directed,” said the officer.

Source

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