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Section 375 (2019)
Aspiring lawyers, good morning.
A small reality check. In fact in my book its rule no. 1. That Law is not equal to Justice. Justice is an ideal. Law is a tool to get there. Sometimes.. Rule no. 2. You stop paying attention when you start writing. You'd be surprised to know.. ..how many lawyers have messed up cross-examinations. Because they were too busy taking notes while the witness was testifying. And rule no. 3. Never fall in love with the Law. It is a jealous mistress. And one day it will disappoint you. Yes? I am sorry sir, but being a Lawyer, how can you even say that? Listening helps. Okay. The year 2012, the Nirbhaya Case. One of the five accused was a minor. Only a couple of months were left for him to turn an adult. And he was by far the most brutal of the lot. The wounds he inflicted on the victim.. ..were primarily responsible for her death. While the case was still being heard, he turned 18. The entire country wanted him to be tried as an adult and hanged. But the Law.. The Law demanded that he should be tried at a juvenile court as a Minor. And he was released after serving 3 years in jail. All the rest were hanged. So.. The question is was the Law upheld? Sure it was. Was Justice Done? Yes? Sir, what do you believe? Me? I am all for the Law. Justice is abstract. Law is a fact. When will you return? I don't know mom. Did he get bowled? Hey.. Did he get bowled? See you, father. Will you be home soon? Not sure. Hey, Madhuri. Where to? Madhuri? More like Anjali the cleaning lady. - Rohan sir. - He's inside. Good morning, sir. Meera ma'am sent me over.. ..to show you the costumes for shoot day after. Sit. Sit here. Here's the jacket. One piece.. - Savi! - Yes. There is money and a list on the table. Get these things from the market. Sir this.. Sir, here's the black jacket. I asked for see-through. But this is see-through. Wear it and show. Anjali. Anjali. Anju.. Anju.. What happened? Hey! What happened? Speak up. Speak.. - Good afternoon, sir. - Good afternoon, sir. - Is the lighting in place? - Still in process. Tell the cameraman to save his award-winning perfection for the next film. - I need time with my actors. - Okay, sir. - Dutta, send some tea. - Yes, sir. Jasbeer, I see you signing cheques all day but to what avail? I don't get a single requirement I need. In return, he'll just give a dry smile. Good afternoon, sir. What is this? What is this? Didn't I clearly say I need pure silk sari? - Yes, sir. - Then what is this flimsy material? - Sir, I thought.. - You thought. She thought? Who told you to think? What on earth is going on here? Seriously, what is going on? Production never gets any of the requirements. The cameraman takes an entire day to finish his lighting rig. And Costume is getting me rags from the railway tracks. Am I the only as trying to make a film here? Meera.. Out. - Rohan, I need her. - Use that other girl. That..Anjali. - She didn't show up today. - I don't care. Manage. That's enough makeup. Rolling Camera. - Camera. - Rolling. Action! You knew Zahir is a wanted gangster. He's wanted for extortion and murder cases. He had a wife and kids long before you two met. Cut it. Stop all this. Come on. Stop the shooting. Let's go. I need very strong feminine imagery connecting to the title. You know what.. Do a hand sketch of the protagonist's facial profile. Kohl-lined eyes and plaited hair curving outward forming the title "Caged". - Yeah! - Sure. Okay. Yeah, Dutta. Are you serious? But why? The female doctor is not available for the next two days. I will do the assault history and physical examination. Do I have your consent? There will be a female Police officer.. ..and a Nurse present during the examination. Do I have your consent? Why call me if we don't have her consent? I am already under a lot of work pressure. I left two bodies in autopsy for this. Without the examination, our case will fall weak. This will take time.. ..and minor injuries can heal. The swelling in your private part might go away too. It will be all the more difficult to detect a sperm.. You've my consent. Sign here. Witness signature. Are you her mother? We will need your signature as well. Take your time, and answer every question I ask correctly. If the examination and statement don't match.. ..then the case will turn in the favour of the accused. When did it happen? - Morning. - Time? Around 11-ish. How many persons? Its routine procedure. One. Did you knew the accused? Yes. - Are you married? - No. When did you have your last periods? Two weeks ago. Were you sexually active before the assault? It's important. Yes, I was. Ever had an abortion done? No. Did you clean up after the assault? Pass urine, or stool, etcetera. She told me not to. Were you wearing these clothes? - Yes. - Undergarments? - Did you tell her that all this will be sent to forensics? - Yes. - Do you have clean clothes? - Yes. Did you resist during the assault? I did. Did you tug his hair, bite, or scratch him? - What.. - I pushed him..pulled his hair.. Hold on. Hold on. You pushed him, pulled his hair.. - What else? - Maybe even clawed his back. - Maybe? - Yes. Maybe.. Did he penetrate you with his penis? Please wait outside. No. I am staying put. - Did he? - Yes. Any other object used for penetration? No. What was the position after the assault? I was underneath him. Any other position? No. Did he ejaculate? Do men stop before that? Now undress yourself. You don't get it. Commissioner Roy is a good friend of mine. Hand over my phone and let me talk to him. Sir! It's a small medical examination and won't take long. - Please cooperate. - No, I won't cooperate. I won't budge another inch. Give me my damn phone. I want to talk to Mr. Roy. Is he crazy? Knock some sense into him. Your will doesn't count here. - This is the procedure. - Go explain your procedure to the one.. ..who filed this fake case in the first place. Give me my phone and let me talk to Mr. Roy. - You want your phone? - Yes. 'Yet another skeleton has stumbled out of Bollywood's closet.' 'Popular Film Director Rohan Khurana was arrested tonight..' '..on the charges of raping one of his team members.' 'Empowerment is about financial independence..' '..but if women are getting raped at their workplaces..' '..what empowerment are we talking about.' 'If you take a peek in people's homes..' '..you will realise that women are not safe even in their homes.' 'It's not just about Bollywood, but the entire job sector's dilemma.' 'Take any sector.' 'In fact, we've seen cases of sexual harassment even in our judiciary.' Punish the rape culprit! "Save our daughter! Save our daughter!" "Save our daughter! Save our daughter!" "Save our daughter! Save our daughter!" "Save our daughter! Save our daughter!" This is the scene outside the Kala Ghoda session's court. Once again Mumbai has come together to defend its daughter. We must wait and watch to see if the state's judiciary does justice or not. According to our sources.. ..the session's court can announce its verdict any minute.. ..for the rape charges against the accused Rohan Khurana. In rape cases, the victim's statement.. ..is considered solid evidence to impose a conviction. The real test is whether the statement inspires the court's confidence or not. In this case, the court has found that the statement of PW1.. ..Anjali Vasudev Dangle fully inspires the confidence of the judicial mind. The medical report of the accused supports the victim's statement. The DNA test further confirms the presence of the sperm of the accused.. ..in the vaginal cavity of the victim. Thus the prosecution has clearly established the guilt of the accused.. ..under section 376 IPC. The accused, Rohan Ravi Khurana.. ..is sentenced to 10 years of rigorous imprisonment. I didn't rape anyone, Kainaz. The DNA report has been manipulated. Please believe me. 'Film Director Rohan Khurana..' '..was sentenced to 10 years of rigorous imprisonment..' '..by the Mumbai session's court for raping a crew member.' 'The court found the filmmaker guilty on all counts, including rape.' 'The verdict is being hailed as a major victory..' '..for women's rights movement against sexual abuse..' 'I hope that more women will come forward post this verdict..' '..and expose the mistreatment they have to suffer.' 'I think the India MeeToo movement has begun..' '..and according to me, this is just the tip of the iceberg.' Yeah.. Morning sir. Tarun Saluja. Please. Obviously, I heard about the conviction. It's all over the news. As if they have run out of every other content. The ugly side of fame, I guess. I am sure you are going to apply in the High Court. This is why I am here. - I was hoping that.. - Is that the case file? Yes. Let me go through and let you know if I can file the appeal. I will understand if you don't want to get involved. No, that's not what I meant. It's just that, these high profile cases.. ..they pay for the pro-bono work that I do for the lesser privileged. My fee will be high. But..often the facts of the case are so damaging.. ..that even the best lawyer can't be of any help. If my opinion of this case is the same.. ..then I'll advise you to go with someone less expensive. Money is not an issue. Let me study it. And I'll get back to you. It's the wife I feel bad for. Husbands make mistakes, and the wife has to suffer. Why do you look at me while saying that? You've been engrossed in Rohan Khurana's file for the last five hours. Why should I not be worried? Stop worrying and listen to this. You will definitely laugh at this. His semen was found in woman's body. The DNA test confirms that it is his. Yet..the defence claims that he has not even touched her. I know why you take these cases. And I love you and respect you for what you do. But the man is a convicted rapist. Don't you think in the current scenario it's not right to defend him. Rights and wrongs keep changing with time. Even a convicted rapist has the constitutional right.. ..to a proper legal defence. Imagine a system without that. Throwing anyone behind bars. No trial, no defence. It did happen once. It's called the emergency. You know..the media will roast you. Not to mention Roshini's growing up. Roshini is just 8-years-old. She watches Cartoon Network.. .. not the news. By the way, where is the chatterbox. Stereotypical absent father. She is over at Tapur-Tupur's place for a sleepover. Tapur-Tupur, these are actual people? They are her classmates, Tarun. The Mukherjee twins. What? No. Don't change the subject. Even I want twins. Let's make some twins. One Tapur, two Tupurs. You don't get to sex your way out of this one, okay. No! Hello. Okay. Rohan Khurana inflicted wounds on himself.. ..by ramming his head against his cell's wall. Mr. Khurana. Tarun Saluja. Thanks for meeting me. Please don't repeat last night's episode ever again. Judges.. They don't like temperamental convicts. I'll be very honest with you. The only reason I am interested is because.. ..I've never seen such an absurd defence in my entire career. But..our conversation today.. ..will decide whether I take up your case or not. Okay. Now tell me exactly what happened. I've already given my statement. And the court's already sentenced you to 10 years of imprisonment. DNA report is manipulated. Human semen is not an element.. ..that can be easily manipulated, by the Police or anyone else. Stop wasting your money and my time. Whenever you're ready, ask your wife to call me. Sir. Help me. Get me out of here. Then tell me all the details. Leave it to me how to present them in court. I will tell you everything. But I won't admit anything in court.. ..in front of my wife. I will try it never comes to that. Now, tell me everything. IPC 376, subsection 2.. ..clauses F and K to be read with the India Evidence Act section 114 A. If the accused is in power or authority exceeding that of the woman.. ..and sexual intercourse is established between them.. ..and if the woman claims in court.. ..that whatever happened was without her consent.. ..then the court will believe that her consent wasn't involved. Jesus Christ. But this is against every legal principle. Because the burden of proof is always on the prosecution. But, in this case it's on the accused.. ..which makes it easy to misuse. I've filed an appeal in the High Court. The matter should be coming up for hearing very soon. Is there any hope? The Law is strict, and usually favours the victims.. ..but in this case, there are some aspects in this case.. ..which haven't been explored yet. So..yes, there is hope. You will have to be very strong, Mrs. Khurana. Things can get very ugly in a courtroom. It can't get any uglier then it already is. Mr. Saluja, if I.. - Do you think he really.. - Don't. Never ask me that question. Have you guys checked the roster? Who is my judge? It's most likely a two-judges bench, sir. Justice Indrani Bhaskar, Tolerant and Liberal. And then we have Justice Sanskari Madgaonkar. No nonsense approach and high conviction rate. And the prosecutor? Hiral Gandhi, sir. She is fiery, ambitious, impeccable record. She is a torch-bearer for women's rights. In fact, word around the Bar Council is that.. ..she will be Maharashtra's first female Advocate General. Really? Anjali. Will you be able to repeat everything you said in court? Tell me? Madam, when will this end? It will be over soon. If she testifies like this in the court then it shall all end pretty soon. She has already said it a dozen times. How many times will she have to repeat her ordeal again? Anjali's statement holds a lot of value. The entire case depends on it. She can't stop crying.. ..every time she repeats her painful experience. - Just one last time. - That's what I was told. One last time to the Police. Then to the doctor. Then..at the court. "Save our daughters." "Save our daughters." - "Rohan Khurana.. - Is a monster!" - "Rohan Khurana.. - Is a monster!" - Tarun Saluja.. - Down-Down. - Tarun Saluja.. - Down-Down. How are you? Fine. And you? Wish me luck. Criminal Appeal no. 347 and 129 of 2018. Rohan Ravi Khurana Vs State of Maharashtra. Your honours, this is an urgent application for bail.. ..and appeal against an order dated 7 September, 2018 Passed by the honourable Session's court, convicting Mr. Rohan Ravi Khurana.. ..for the alleged rape of Ms. Anjali Dangle. Opening statements, Ms. Gandhi. Your honours, in every twenty minutes.. ..some woman is faced with rape in this country. According to a report from the National Crime Records Bureau.. ..in 98% of the cases, the rapist is someone known to the victim After the dreadful Nirbhaya Rape case in 2012.. ..when Criminal Law Amendment Act 2013 was issued.. ..the world was of the opinion that we'll see a fall in the number of rapes. But shockingly, compared to 2012.. ..the number of reported rape cases in 2017 saw an alarming rise. What is more worrying is that rate of conviction is mere 25% Meaning in 75% rape cases the accused never gets convicted. They just walk free. This has led to India being called the rape nation of the world. Popular Film Director Rohan Ravi Khurana is privileged as well as powerful. And this prosecution will prove without an iota of doubt.. ..that he blatantly misused his position and power.. ..to abuse Anjali Dangle, who is from a backward class.. ..and working as a junior costume assistant in your film... This was Anjali Dangle's life before 8th July. And this is Anjali on the night of 8th July. After the so called talented and progressive Rohan Ravi Khurana.. ..committed the savage act of rape on her. Your Honours, the honourable session's court.. ..has rightly convicted Rohan Ravi Khurana.. ..under section 375, 376.. ..340, 342, 354, and 506 of the IPC. And sentenced him to 10 years rigorous imprisonment. And I am convinced that after reviewing.. ..the overwhelming medical and forensic evidence against him.. ..the honourable High Court will uphold the judgement of the Session's court. And while we were arguing, another woman in some part of the county.. ..has fallen prey to the heinous crime of rape. Thank you. Defence Council. Your Honours. I must say that I envy the passion with which my young colleague speaks. I do not however envy the utter ignorance with which she speaks. There is no room for emotional statements in any courtroom. Lawyers should stick to the facts. And the facts are these. The rape rate in India is 1.8.. Which mean 1.8 women out of a million.. ..might have to face rape. And the figures in the most advanced nation in this world is 27.3% 15% higher compared to India. India comes on no. 46 on the global rape index. Conviction rate is 25% And the country that ruled us for 200 years.. ..has a conviction rate of only 7% So Ms. Gandhi, don't tell me in this court.. ..that my country is the rape capital of the world. As a proud and informed India, it's painful. Mr. Saluja.. Opening statement can't be turned into an argument. I seek to Court's forgiveness. Your Honours, Ms. Gandhi wants the court to be concerned.. ..that only 25% of rape accused in our country are found guilty. But why shouldn't it be our concern.. ..that 75% are found innocent.. ..after a full judicial process. She uses the phrase "They walk free". My Honours, can any man having being accused of rape.. ..ever walk free. The defence will prove.. ..that neither the fact were duly examined.. ..nor the witnesses cross-examined thoroughly. Further more. Crucial evidence was mishandled and the chain of custody was compromised. The act of rape was never committed on the person of Anjali Dangle. The defence will prove that the case of Rohan Ravi Khurana Vs The State.. ..is a classic example of a woman using as a weapon.. ..the very law that was made to protect her. Thank you. The court will take a short recess. - Ms. Gandhi, you can begin your examination with chief after that. - Yes. May I? Sure, sir. I haven't seen you in months. How are you? I am fine. And you. Take a look for yourself. How is ma'am? She is fine. I am surprised she let you defend this case. The case is still in process. Opening statements were quite powerful. We've trained you well. Are you looking to cash in a favour. By asking me to give in. Right now I'll settle for some lunch. I am sorry. Please. Looks good. Did Sumit cook this? Like always, there are two meanings to your statements. Either I am a bad cook.. ..or you are checking my relationship status. Both. Sumit did cook this, but we don't live together anymore. Progressive husband plus a good cook is a rare combination, Ms. Gandhi. Some cases should be settled out of court as well. If you miss bed tea even a single day.. ..it doesn't take long for a progressive husband to become conservative. That is true. Your Honours, the Prosecution would like to call PW1, Anjali Vasudev Dangle. Anjali Dangle. Anjali, please tell the court what happened on the morning of 8th July. The case will be heard in camera. Only the people concerned with the case will stay. The rest may please leave the courtroom. Please.. I did go to Mr. Rohan Khurana's house.. ..to show him the costumes. What date was it? 8th July. Did you go willingly? No. Meera ma'am asked me to. Your Honours, Meera Singh is Anjali Dangle's senior colleague.. ..and designer Natasha Malhotra's chief assistant as well. What time did you reach at the accused's home on 8th July? Around 11-ish. - Rohan sir? - Yes. Come in. Sir, Meera ma'am sent me over to show you the costumes for the next shoot. Sit. Sit here. - Savi! - Yes. There's money and a list on the table. Get them from the market. - I asked for see through. - It is see through. Wear it for me. I kept saying no, kept resisting.. ..but he didn't listen. I pushed him, but he hit me back. What happened after that, Anjali? He grabbed me by my belt and dragged me. After that I just lay there. Your Honours, Anjali Dangle's medical reports. This clearly states.. ..that presence of semen and male pubic hair in victim's private parts. And states injuries to her face and other body parts. Including inner thighs. The DNA report also confirms.. ..that the DNA of the semen and the male pubic hair found on the victim's body.. ..is an exact match with that of the accused Rohan Khurana. Meera Singh. - Were you chief assistant with Natasha Malhotra? - Yes. Please tell the honourable court what you know. Well, few weeks before the incident, we were shooting. I sent Anjali in Rohan Khurana's van for some costume related query. Finally when she came out her hair was ruffled, her clothes were unsettled. And she dashed straight to the bathroom instead of returning on the set. Okay. Thank you. Your Honours, Rohan Khurana is a serial predator.. ..who takes advantage of his power and position and preys on girls beneath him.. ..by sexually harassing and assaulting them. And this fact should be considered an aggravating circumstance.. ..that this has become a force of habit for him, So I pray to the honourable court.. ..to please uphold the judgement of the session's court. Grant the accused a minimum sentence of 20 years. Thank you. - Your honours, the defence would like to.. - One minute.. Mr. Saluja, if you don't mind, I would like to recess for lunch. We'll meet here by 2:30. Okay. Court stands in recess. Justice! - I want.. - Justice! - We want.. - Justice! - We want.. - Justice! - We want.. - Justice! - I want.. - Justice! - I want.. - Justice! - I want.. - Justice! - We want.. - Mr. Saluja, just one question please. - Sir, just question. Please, sir. - No comments. Couple of months ago you defended Dhiren Shah.. ..who defaulted on billions of rupees. These women are raising their voice against sexual harassment.. ..and you are defending a rapist. Don't you think so you're defending the villains. The court decides who is a rapist and who isn't, not the media. Sir, according to a report 90% of the defenders are actually guilty. Would you like to live in a country where 90% of the accused are innocent. - I want.. - Justice! - I want.. - Justice! - I want.. - Justice! - I want.. - Justice! - We want.. - Justice! - We want.. - Justice! - We want.. - Justice! - I want.. - Justice! - I want.. - Justice! - I want.. - Justice! - We want.. - Justice! - We want.. - Justice! - I want.. - Justice! - We want.. - Justice! - We want.. - Justice! - I want.. - Justice! - We want.. - Justice! - I want.. - Justice! - We want.. - Justice! Your Honours, defence would like to examine PW2. Investigating officer, PSI Milind Kasle. Kasle. Witness box. When did you receive information of the alleged crime? 8th July.. ..when Anjali Vasudev Dangle filed a rape complaint against the accused. On 8th July, at 1 pm when Anjali Dangle came down to the Police station. - Correct? - Yes. And you arrested the accused on the basis of her statement.. ..without conducting any prior investigation. That's the procedure. And, according to the new guidelines.. ..any rape accused must be immediately arrested.. ..and taken for a medical examination. Just to get it straight. You stated that the rape accused must be immediately arrested.. ..and taken for a medical examination. As per procedure, according to the new guideline. Yes. Anjali Dangle came down to your Police Station at 1 pm. But you arrested the accused at 7 pm. What happened to immediate action? I was recording the complainant's statement. Fair enough. For the record, the investigating officer was recording Anjali's statement.. ..from 1 pm to 7 pm. Correct. Yes. But normally in sexual assaults and rape cases.. ..the statement is recorded by a lady officer. That's the procedure. According to the new guidelines. Copy of Anjali Dangle's FIR, Your Honours. Written and signed by PSI Monali Indurkar. The statement was recorded by a lady officer.. ..but I was present at the Police Station. What were you doing at the Police Station? You were supposed to arrest the accused as soon as possible. As per the new guidelines. I was busy with some administrative work, sir. Meaning when it was time for you to follow guidelines.. ..you were busy pushing pencils. Objection, your Honours. Is the investigating officer on trial here? Is this leading anywhere, Mr. Saluja? Most certainly, your Honour. Then reach their fast. You travelled all the way to the accused's film set to arrest him. Why not call him up and tell him to come down to the Police Station instead? That could have alerted the accused. He could have escaped. For the record, your Honours. The investigating officer.. ..did not call Rohan Khurana so that he doesn't try to escape. This is Rohan Khurana's certified call detail records. Whom do these highlighted landline numbers belong to? Who remembers phone numbers nowadays? Let me rephrase it, you might remember. Did you use this number to call Rohan Khurana on 8th July? Simple answer, yes or no. No! Take a seat. But don't leave yet. I am not done cross-examining you. Your Honours, the defence would like to call the accused to the stand. Do you recognise this number? Yes. I received three calls from this number on 8th July. The CDR confirms that, Your Honours. Who called you? Sub-Inspector Kasle. - Why? - He wanted a settlement. What kind of settlement? He was demanding money.. ..for not recording the statement. - And what was the amount? - Objection! Over-ruled. 2 million. And you were willing to pay. No. I asked him for the complainant's name.. ..but he said he cannot disclose her name. I said to him that whoever she is, her claims are fake.. ..and she is a liar. And I am not ready for any kind of settlement. In fact, that day I was shooting. I told Inspector Kasle that I will come down.. ..to the Police Station later that day and talk to her personally. Go on. Then Sub-Inspector Kasle called again. And he said once the complaint is registered.. ..and the victim is presented before the magistrate.. ..then no one can save me. And what did you do? I called his superior. I knew him socially. The CDR confirms that too, your Honours. And what did you tell his superior? I explained to him the entire episode.. ..and he said he will look into the matter. Did he? He promised. And then Kasle called again for the third time. What did Kasle say this time? He demanded 5 million. Claiming that the amount will keep increasing as the case goes higher above. Your Honours, PSI Kasle clearly knew that under section 166A CRPC.. ..he's legally bound to record the rape complainant's FIR. And yet he tried to mislead my client and extort money.. ..which Mr. Khurana refused to pay. Objection. How is this relevant? Proves motive for biased investigation, Your Honours. Overruled. I object again, Your Honours. Does the defence have any proof to support his story? Your Honours, the defence would like to recall PSI Kasle to the stand. Which Police Manual gives you the authority.. ..to seize the mobile phone of the accused. No such procedure exists. Meaning it would be illegal. Correct? And yet you kept the mobile phone of the accused for two day in your custody.. ..before returning it to his wife. Why? Your Honours, the landline number which was used to call Mr. Khurana thrice.. ..belongs to a cigarette shop right opposite Mr. Kasle's police station. And here's a certified copy of the number tracing agency. It is common knowledge, your Honour.. ..that no Police officer.. ..will make an extortion call from his registered mobile.. ..or the Police Station's landline number. They have their own arrangements. Like PSI Kasle has. He took Rohan's phone in custody.. ..because he wanted to erase traces of his conversations with Rohan. According to the charge sheet.. ..on the 8th of July, 9 pm.. ..you seized this bedsheet.. ..from Rohan Khurana's bedroom as evidence. Correct? Well, if it's mentioned in the charge sheet.. Answer my question. Did you seize it or did you not? Yes, I did. And this is the same bedsheet.. ..that contain Rohan Khurana's semen stains. Am I right? Kasle. Did you even read the forensic report or not? - I did, your Honour. - Then answer his question. Yes, that's the same bedsheet. And this bedsheet is important in this case.. ..because it has Rohan Khurana's semen stains on it. Is that not a fact? Yes. Why did you take the bedsheets in your custody? To send it to the forensic laboratory. You even collected samples of trace evidence collected from Anjali Dangle.. ..during her medical examination on 8th July. I did! And the laboratory found Rohan Khurana's semen traces in those samples as well. Yes, they did. Obviously, you collected these samples to send to the forensic, correct. Yes. Then why didn't you send them? The chain of custody records shows.. ..that the forensic lab received these samples on 13th July. 5 days.. For 5 days you kept the most crucial evidence of this case in your custody. With whose permission and why? Why was there a delay? Kasle, why was there a delay in sending the samples to the laboratory. VIP Movement. We were busy with the arrangements. For 5 days? There was a VIP movement for 5 days. We need an answer. Not a single officer was available to deliver the samples to the lab? Your Honours, the presence of Rohan Khurana's semen.. ..in the private part of the prosecutrix.. ..is the foremost evidence in this case. - Objection! - Over-ruled. Your Honours, the most vital evidence of this case.. ..was illegally in the custody of a corrupt and biased Police officer. The chain of custody has not just been compromised. It has been blown to smithereens. PSI Kasle had the opportunity.. ..to tamper and contaminate the evidence. This evidence is tainted. And such tainted evidence cannot be admissible in any court of Law. And furthermore, without this evidence.. ..the Prosecution has no case. I, therefore, appeal to the court.. ..for an immediate and honourable acquittal of my client. Objection, your Honours! A broken chain of custody is a matter of grave concern. This court needs some time to reflect on the issue. This court stands in recess, until 4 pm. Mr. Kasle, is this how you conduct an investigation? Your irresponsible behaviour has ruined my case. Don't worry, madam. This won't ruin anything. What do you mean? Would you say this if she was your daughter? You should be thankful that we recorded her complaint. Lawyers such as you can only argue in court.. ..but we know the ground reality. We deal with at least a dozen cases like this every month. Only to find out later that they were already living together.. ..and the girl came down to file a complaint because they had a little spat. This attitude is why most rape cases don't get recorded. We're used to getting badgered. First the Judge, then the Defence Lawyer.. - ..and now it's your turn. - Fine. I'll talk to your superiors. Thanks You know that the evidence wasn't contaminated. How would you feel winning this case on technical grounds? Do you think the truth will prevail? Do you think Justice will be done? Sit. - No, thank you. - Come on. Sit. You are a Prosecutor. And you straight away believe that you are defending the truth. But during the alleged incident, you weren't present there nor was I. The truth is Hiral.. ..our Criminal Legal system is an adversarial system. One must lose so the other can win. And everyone wants to win. This lentil is the prosecutor. It wants to win for a promotion, fee hike.. ..to become advocate general, solicitor general The Rice is the defence. He wants to win for the name, fame, increase in legal fee. This is the judge. He wants to win too. To go from Sessions court to High and then the Supreme Court. And give landmark judges.. ..which will be taught in Law colleges. And justice is like this curd.. That gets left out in everyone's race to victory. In our profession.. ..idealism and ambition don't last together too long. It's just that you are new.. ..and haven't been tested yet. This is exactly why I quit your chamber. 'With the Rohan Khurana Rape case is dragging in the High court..' '..the discontent of the people are picking up pace.' 'Support for the victim is growing exponentially..' '..across all social media platforms.' 'Groups are being formed, and hashtags are trending.' This court is of the opinion.. ..that the point raised by the learned defence council.. ..are technically valid points.. ..which is very unfortunate. But it will be more so if the prosecutrix is made to suffer.. ..for the lack of integrity of our Law Enforcement Agencies. This court acknowledges that PSI Milind Kasle has indeed.. ..compromised the chain of custody. But this court also believes that.. ..PSI Milind Kasle does not have any scientific knowledge.. ..or mental acumen to actually tamper and contaminate the evidences Therefore this court has decided.. ..to allow all the forensic and medical evidences against accused. And sees no reason for the acquittal of Rohan Ravi Khurana. - Your Honour, I refer.. - Much obliged, Your Honour. Your Honour, I refer to the State Vs Vikram Rao, 2015 I believe. Charges were under section 375, 376, among others. The chain of custody was found to be compromised. And all evidence disallowed resulting in the acquittal of the accused. Presiding judge was you, Your Honour. Yes, I am well aware of that, Mr. Saluja. But all cases are different. And I don't give "One size fits all" kind of decisions. Your Honour, if the Honourable Court is of the opinion.. ..that Anjali Dangle shouldn't be made to suffer.. ..due to the Police lack of duty, then why should my client. I request that he be granted immediate bail.. ..till such time that the court reaches a verdict. Bail denied. This court is adjourned. I warned you against this case, Tarun. - It's been a long day. - Oh my sympathies. I told Prajakta to call home and inform I am fine. Your daughter saw you get humiliated on national television. Is that good? - Where is she? - Asleep. Crying all the while and asking when you're coming home. You saw what happened in the courtroom. That Inspector has implicated me. Do you believe me now? You do. Otherwise you would have never come here. I came to see the guy I met in college.. ..and not the guy you've turned into. Everything will be fine. And when the dust settles down, let's start a family. Have a child. Right now I am thankful we don't have a child. On the 8th of July, Savi enters the lift at 11:18. And returns at 11:40. That's exactly 22 minutes. Your Honours, the defence would like to examine PW1 Anjali Dangle. Objection, your Honours. Reminiscing a horrific incident like rape.. ..is like putting her through the same ordeal again. Overruled. Once she has taken the stand, Ms. Gandhi.. ..the defence has every right to cross examine. Ms. Dangle, in which part of the house did the alleged rape occur? Your Honours, the charge sheet clearly states.. ..that the rape occurred in the bedroom. The stained bedsheets was retrieved from the scene of the crime. Forensic lab reports confirm.. ..that the semen stains on the bedsheets belonged to the accused. A man's semen on his own bed sheet, what does that prove? Other than the semen stains.. ..Anjali Dangle's hair strands were also found on the bed. Exhibit no. 6. Exhibit no. 7. Mogra flowers found in the recess of the bed.. ..which Anjali Dangle wears on her head. The flowers found on the bed were dry, Your Honours. Why did you go to Mr. Khurana's room in the first place? - He forced me. - How? Did he lift you in his arms? Push you? Drag you? How? Your Honours, she has already testified.. ..that the accused grabbed her by her belt and dragged her. Now may the witness answer, Your Honours. Please.. He grabbed me by my belt, and dragged me to his bedroom. Why didn't you scream or raise a commotion? I did scream. And strangely, your Honours, the neighbours heard nothing. You inquired with the neighbours. Yes. Did anyone hear anything? Like a struggle, or a scream. None of the neighbours gave us such a statement. They are his neighbours after all. Maybe no one gave a statement to the Police to maintain relationships. But maybe someone heard Anjali Dangle's scream during the alleged rape.. - ..and inform building security? - No. Or dial 100. We got no such intimation from the PCR. Thank you, Monali. Your witness, Ms. Gandhi. No cross, your Honours. But I pray to this honourable court to consider.. ..that Mumbai is the 10th noisiest city in the world. So, unfortunately if no one heard.. ..Anjali Dangle's screams among the hustle and bustle.. ..that doesn't conclude that she didn't resist at all. Naive. Ms. Dangle, please tell this court.. ..what he did after dragging you to the bedroom. Objection. Harassing the victim. Your Honours, I object to her objections. She is deliberately trying to derail the momentum of my cross. If the prosecution asks for details, then that's not harassment. But if the defence asks for the same, then that amounts to harassment. Overruled. Tell us. Next he took off my jeans. Stop right there. I would like to show this pair of jeans to the court. Prosecution exhibit no. 3. It's the jeans that Anjali Dangle was wearing.. ..on the night of the alleged incident. And the defence has an identical pair. Your Honour, I need your permission for a short demonstration. Your Honours, the Prosecution would first like to compare both the jeans. By all means. Are you happy, Ms. Gandhi. Proceed, Mr. Saluja. As The Honourable court can see.. It takes time and effort to wear and take off this jeans. It is impossible that a man singlehandedly.. ..could rip off a tight-fitting, body hugging jeans. Especially when the women is resisting, Your Honours. The question before us is.. ..are 22 minutes enough for Mr. Khurana to first seduce Anjali Dangle.. ..for Ms. Dangle to refuse, resist, scream.. ..then Mr. Khurana drags her to his bedroom.. ..rip off her tight-fitting jeans even though she is resisting. Assault and batter her. Then Rape her. And then for her to wear that tight fitting jeans again.. ..climb down 10 floors, walk through the entire complex and go out. I ask the Honourable Court, is it all possible in 22 minutes? Your Honours, the accused had her pinned down. She was pinned down by force. Your Honours, it is very well settled.. ..that in cases of physical assault.. ..the fingernail scrapings are considered conclusive evidence. If Rohan Khurana actually had Anjali Dangle pinned down.. ..then, did the medical examiner.. ..find skin of blood traces of Anjali Dangle under Mr. Khurana's fingernails. Rohan Khurana's medical report, Your Honours. The fingernail section is empty. Fingernails.. We didn't check it, sir. Why? Why not? Speak up. - It slipped my mind. - Slipped your mind? Kasle, did you not cross check the medical report? It was conclusive evidence. Your Honours, Dr. Vasant Tambe.. ..the doctor who examined Anjali Dangle.. ..collected scrapings from under Anjali Dangle's fingernails. And the lab found skin and blood traces of the accused in the scrapings. Luckily Dr. Sathe remembered to take these pictures. Your Honours, these pictures tell a different story. When someone's resisting.. ..they try to push him away. Resistance marks are normally on the frontal body. Like chest, arms, upper face, and not on the back. These marks..indicate towards a passionate sexual encounter. Wait. Hang on. Mr. Saluja, are you now saying that your client.. ..had sexual intercourse with Anjali Dangle on the 8th of July. Yes. And passionate sexual intercourse. But Your Honours, all this is not possible within 22 minutes. Especially when the woman is resisting. The defence admits.. ..that sexual intercourse did in fact happen between Rohan and Anjali Dangle. But this happened with Anjali Dangle's consent and participation. The accused and the prosecutrix were involved in an affair. And when the affair ended.. ..Anjali Dangle filed a false and vindictive charge of rape. Your Honours, are injuries on the victim's inner thighs indicative of consent? She was clearly violated. We'll hear the matter further on 24th October. 24th October. That was nonsense. My career was over, but I still had a family. But not any longer. I had no choice. Yes, but until I was denying I still had a chance. The reason you're here is because you kept denying. Do you know what happens to rape convicts inside jail. They have to suffer the same fate for which they serve time. Rohan, once you get out of here.. ..you might still have a chance to a family and a career. 'As Rohan Khurana's appeal continues to be heard..' '..protests outside the court premises has intensified.' 'Fearing further escalation and violence..' '..the court has asked the State Police for reinforcements.' Hello. Sir, Anjali Dangle's neighbour Sujata Kamble.. ..claims to have seen something.. ..but she doesn't want to testify in court. Please talk to her. Hello. Hello, sir. Tell me what you saw. That morning I was putting clothes out to dry.. ..when Anjali was leaving for shoot. And she seemed perfectly well. But when she got down from the rickshaw in the afternoon.. I see. Thank you, Sujata. Thank you. Your Honours, the defence would like to examine PW6, Pramod Dangle. Pramod, you look like a decent guy. I don't think you know much about the Law, so let me warn you.. ..false testimony or lying to the court.. ..could lead to 7-years of imprisonment. I see you are wearing a pearl. Do you feel any different? How is this relevant to my sister's case? Pearls are worn for controlling ones temper. So I asked. Your temper has everything to do with your sister's case. On the 8th of July, when your sister returned home and told you.. ..that this man has committed a heinous act of rape with her.. ..then you must have lost your temper. Didn't you? Your younger sister.. I did, sir. I did lose my temper. I wanted to break his legs. Then what stopped you? - Were you scared? - No. My mom and dad stopped me. Your mom and dad stopped you But what about your anger? Let me tell you.. You vented it on your sister. You dragged her inside the house and started beating her. Because you thought it was equally her fault. Why did she go to his house all alone? She should have thought about it. Because the pride and honour of the family rests on shoulders of the female. Doesn't matter if the male commits rape. But if a female returns home after getting raped.. ..then the people around you never let you forget. Look..that's rape victim Anjali Dangle's brother. Look..that's her father. That's her mother. I can understand how humiliated you felt. And you vented your frustration on your sister and battered her. The punishment for lying is 7 years of imprisonment. And I have six witnesses who saw you assaulting your sister. Do you want me to call them? Do you want to end up..in jail? Because I can make it happen. And anyway, a brother like you is no good to any.. Yes, I did beat her. So what? It was her fault too. How did you hit her? With your hands? And where? - Objection. - Overruled. - I want to hear him. - On the face? - Yes. - And.. Here..and on her back. Thank you very much. You may proceed. Your Honour, defence would like to reexamine Anjali Dangle. Ms. Dangle, you clearly remember every detail of the alleged incident. Then while recording your statement.. ..why did you leave out the fact that your own brother assaulted you? Your Honours, the prosecutrix has falsely testified to the Police.. ..and has blatantly lied to this Honourable court. I was first assaulted by sir and then my brother. How could I distinguish between the two at that moment? And you thought I've already falsely accused him of rape.. ..let's blame him for physical assault as well. Objection. The defence council is conveniently ignoring.. ..the marks on Anjali Dangle's inner thighs.. ..which could have never been infected by her brother. Your Honours, I am only talking about the facial and body bruise. They were not inflicted by my client. And the relevant charges must be dropped. Sir, please. Do elaborate about the injuries on the inner thighs. What about them? What do you mean what about them? Yes, they are not signs of assault. Sir, they are clearly indicative of forced and violent entry. No, they are not. Then what are they? They could be marks of aggressive sex. - Aggressive.. - Oh, yes. Couples can be very creative these days. Enough. You two come to my chamber. Behave. Otherwise I will hold both of you in contempt. Your Honours, the girl's testimony simply cannot be trusted. Your Honours, my client reiterated her exact statement.. ..that she gave to the Police. She withheld important information. On my council. I take full responsibility. You advised her to withhold information? So Mr. Saluja cannot use a minor inconsistency.. Minor inconsistency! ..use it to bend the facts and prove her wrong. Just imagine, a female gets raped.. ..she comes home, gets assaulted by her brother. And the benefit goes to her rapist. But that doesn't mean that facts can be withheld. You can file a complaint against her, I can take action. Your Honour, how does that benefit my client. Take the charges of physical assault off and the defence will be happy. Tarun, this is not a flea market where you can bargain on charges. Your Honours, how can the physical assault charges be dropped? There is still the matter of injury marks.. ..on the inner thighs of the Prosecutrix. - Let the court decide that, Ms. Gandhi. - Sorry. This is your first high profile case.. ..which is why Justice Madgaonkar and I are not taking any action. But please make sure that in the next hearing.. ..there are absolutely no inconsistencies in her testimony. Thank you, Your Honours. Much obliged. Meera Singh believes.. ..that Rohan Khurana sexually molested you inside the van. Is that a fact? Yes. And this physical contact happened without your consent? - No. - Then I am sure.. ..that you must have complained to someone after coming out of the van. No? Meera Singh. Natasha Malhotra, Producer Jasbeer Walia.. Your Honours, in such cases even if the female complains.. ..then she is deemed the trouble maker. She would have lost her job. No one will fire the director on the basis of.. ..a junior costume assistant's complaint. Not only did she not complain, Your Honours. After everything that happened.. ..you went back to Rohan Khurana's home. That also alone? Why? That was my job. Even after Mr. Khurana's house-help Savi left you decided to stay. Is that also part of your job? So clear, Your Honour, So clear. They were having an affair. And whatever happened in the van, happened with the consent of Ms. Dangle. Your Honours, the only thing that's clear here.. ..is the inconsistency of this Defence. In the beginning he claimed that sex never happened. Then he said they had sex, but it was consensual. He deemed every injury mark as act of passion. If you keep repeating something over and over again.. ..it won't become true. Where is the proof? Here. CCTV footage from Mr. Khurana's van. We'll find proof in here. Objection. The prosecution was not informed about this new evidence.. ..and as such it must be made inadmissible in this court. Your Honour, the Defence himself found out.. ..about this hard drive couple of hours ago. This is your client's hard drive.. ..and you claim to have just found out about it. Your Honours, my client didn't want.. ..to display this footage in front of his wife.. ..but Mrs. Gandhi has left me no choice. It clears a vital point. I will allow it. - Please reconsider. - Overruled. Ms. Dangle, I am going to play this hard drive now. It is not my intention to embarrass you at all. But this is evidence, and I must show it to the court. I am sorry. Wait. What happened? You don't want me to play it? So you were in physical contact with Mr. Khurana consensually. Objection, pressurising the victim. Your Honours, she stopped me from playing the footage. It is obvious that she wants to hide something. Your Honours, would any woman want.. ..the world to see her getting molested. Being molested, or in a consensual act of sex? Mr. Saluja, play the hard drive and get it over with. There is no need now, Your Honours. The defence has proved its point. Your Honours, there is no CCTV footage on this hard drive. This is my personal hard drive. False evidence has been presented. It invokes section 193. Mr. Saluja, in this court.. ..one expects Lawyers to keep their punches above the belt. I do not think there were any punches below the belt. Then we have different ideas of the level.. ..at which one practices the Law. Your Honours, she testified one way believing there was no hard drive. Then believing that it existed, she stopped me from playing it. I do not understand how anything but the truth has been searched out. Are you of the view then, Mr. Saluja.. ..that you can demoralise, confuse, intimidate the witness.. ..claiming to be in possession of some evidence.. .that you aren't in possession of, in fact never existed? When you say never existed ma'am, do you mean made up? - Yes. - No your honour. The defence believes that the implied events did occur in the van.. ..even if there is no recording of it. Yet you find it acceptable indicating by your actions.. ..and mannerisms that you did have such a recording. I regard it as simply an interrogation tool in the pursuit of justice. The Law is very strict regarding your idea of Justice, Mr. Saluja. Your Honours, if you just explain to me.. I am not here to explain to you. And post this trial, your licence stands suspended for six months. Bit harsh, your honour, but if that's your wish.. Ms. Dangle, did you go to Rohan Khurana's house on 4th of July as well? Yes. And did you take the lift on the 4th of July as well.. ..like on the 8th of July. It's in your statement, so I am just confirming. Yes. This footage is from 8th July, on the day of the alleged rape. Your Honour, we can clearly see.. ..on the 8th of July Anjali did not tie her hair. But on the 4th of July, Anjali was wearing Mogra flowers. Your honours, I had mentioned earlier to the court.. ..the flowers found on Rohan Khurana's bed were dry. Women! Always wear fresh flowers, and not dried. And so it logically follows.. ..that the flowers found on 8th of July.. ..were there from 4th of July. Your Honours, in my entire legal career.. ..the inference has never been so obvious.. ..that Anjali Dangle was in Rohan Khurana's bed on 4th of July as well. And she goes back on 8th July, and I can go on and on.. Because she was not expecting to be raped, Your Honours. Your Honours, I concede the floor to Ms. Gandhi. Thank you. Ms. Gandhi, please continue. As per the defence's theory.. ..even if Rohan Khurana and Anjali Dangle were having an affair.. ..then too the rape charges are valid. Going to a man's house doesn't imply permission to sex. Lying on the same bed as the man.. ..doesn't mean permission given for sex. Even sex does not imply permission for future sex. According to section 375 of IPC.. ..consent and permission, both are necessary every time. Agreed. But sex is a very private matter. There are no cameras, or witnesses in bedrooms. How will we know.. ..whether it was consensual on 4th July, and not on the 8th. Injury marks on the inner thighs of the prosecutrix.. ..indicate that there was no consent on 8th of July. We'll take further date - 9th November. - Okay. We'll hear the matter further on 9th of November. The court is adjourned. As the Rohan Khurana hearing enters it's fourth week.. ..the protests against him show no sign of abating We want justice. We want justice. Photographs, your Honours. Of the building's lobby. The staircase is on the left side of the Lobby.. ..and the lift is on the right. Anjali Dangle enters the lobby from the left, meaning the staircase. But in her statement, she mentioned.. ..that she used the lift on the 8th of July. Why did she lie? But before I go any further. Mr. Khurana wants to give his confession to the court. The court is listening. I met Anjali Dangle six months ago. She was the junior costume assistant on my set. I didn't notice her at first. But then one day.. Just a second. Excuse me. Come here. Read this. Can you read English? - Yes, sir. - What's written here? Photographs are prohibited. Show me your phone. Come on, show me your phone. Show me.. Don't take my picture without my permission. Get back to work. A few days later I returned late from a party. I went straight on the set. I think it was about 4 in the morning. Good morning, sir. Tell Spot to send some coffee to my van. Yes, sir. After that, she came inside my van. - Spot boys weren't available? - No one's turned up yet. Did you make it? Steady. You want to make coffee for me, take my pictures. But you won't kiss me. Sir, I didn't know you were married. Open that drawer. There's a script inside. Prepare a detailed costume presentation. I mean it. Looks great. Kirti.. Meet Anjali, costume designer for my next film. Wow Anjali, that's great. Congratulations. Thank you, ma'am. Congratulations. Thank you, sir. No need to waste your time here anymore. Only the right contacts can get you work.. ..and it takes years to make the right contacts. Go and meet people.. Do you know anyone in the Industry? I know you. But how can I help you? I am married. What do you know about marriages? There is a difference between living together and living under the same roof. And that's how it all started. Have a look. I told her never call me without reason. We started meeting in my other apartment. And that I think was my biggest mistake. Anjali started getting possessive about me. She got very possessive. Why do you two still live together? What? You said that you and your wife live under the same roof, but not together. Do you expect me to leave her and fall in your lap? You already are. Please wait tonight. I have an important meeting. Have I ever asked you to stay before? The phone is ringing, just give it to me. Hey, what are you doing? What's going on? Just give me my damn phone. Give it back. Are you mad? Give it to me. Hello. Yeah, I am on my way. Yeah! You will need this where you're going. Happy Anniversary, sir. How did you know it was my Anniversary yesterday? Sir, please select from this.. I am asking you a question. How did you know? - It is paining, sir. - How did you know? When was the last time you checked your wife's Facebook page? Are you stalking her online? No, sir. She is my Facebook friend. She posted about her Anniversary, and every one replied. So did I? Return the apartment key. Give me the damn keys! Give it to me. You will get your stuff back. Out! Get out! Are you sure you want me to leave? Close the door properly. You always leave it ajar. Of course, Mr. Director. Big freakin director. And she is back. What are you doing here? Just checking what's the new flavour of the month. I met her outside. She won't last too long. I design costumes for actors, and not call girls.. ..who readily sleep with anyone for work. You slept with me too, so what does that make you? It wasn't for work. I see. Did you really think I offered you that job because of your talent? Yes. Yes! These misconceptions are what I don't like. You want to go. You go! You go! There are more than a dozen girls out there who are more talented than you are. No one gets it this easy. I did you a favour. Look how far I got you. But you want to be my wife instead. Look at me. I let you lie next to me, now don't try to control me. Come back once you get over this. - I spit on this kind of job. - Get lost. Go back to your shit hole. I was surprised a few days later, on the 8th of July, she called me to apologise. - Yeah. - Hello, sir. Can I talk to you for a minute? I am very sorry for that arguing.. You are doing me a favour. You are shaping my career. I don't want anything else. But I miss you a lot. That's all I wanted to say. Ask Meera whether the costumes are ready. Come over to show them. Is Rohan sir at home? Meera ma'am sent me over.. ..to show you the costumes for the shoot on the day after. Sit. Sit here. - Savi! - Yes. There is money and a list on the table. Get everything from the market. Sir, here's the black jacket. I asked for see-through. But this is see-through. Wear it and show me. Your Honours, Rohan Khurana is not a nice man. Was it right what Rohan Khurana did with Anjali Dangle? No. A backward class girl, one who had accorded him to the status of a God.. ..encouraged her, that there's something special about her.. ..showed her dreams of success.. ..and then snatched everything from her. This crime is nothing short of rape. But your Honours, it's not rape. Your Honours, why did Ms. Dangle use the staircase on 8th July? Because there's not a single CCTV camera installed there. What actually happened on 8th July was.. That is the relevance of the staircase, your Honours. Mr. Rohan Ravi Khurana never violated the body of Ms. Anjali Vasudev Dangle. He violated her mind, her spirit, her very dignity. This case.. This case is not about Ms. Dangle's rape, it is about her revenge. The defence rests, your Honours. Closing statement, Ms. Gandhi. Your Honours, Indian Penal Code clearly states.. ..that if a man holds a position of power over a woman.. ..and if the sexual act between them has been medically proved.. ..and if woman admits in court that the act was against her will or permission. Then the burden of proof falls on the accused. One needs evidence for proof. The defence council has cooked up many stories.. ..but no evidence to corroborate them. The first story, investigating officer Milind Kasle. The second story, Rape isn't possible within 22 minutes. Ask the victim. Even 5 minutes are enough for rape. The third story, the accused and victim were having an affair. Irrelevant. Because the case is not about whether they were having an affair or not. The case is about whether Anjali was raped on the 8th of July or not. And since the Defence had no concrete evidence.. ..he presented false evidence in the court. The hard drive story. Then comes the Rohan Khurana story. Even if we believe the accused's statement.. ..he didn't just rape Anjali Dangle on the 8th of July.. ..in fact, he's been raping her for a longer time. A man who is in a position of power.. ..regardless of what profession he is.. ..tells a woman that sleeping with him will catapult her career.. ..and even if the woman gives in. It is still rape. Because he is indirectly telling her that if she doesn't comply.. ..then it can hurt her career. Section 375 clearly states that for a sexual act to be legitimate.. ..both the will and consent of the woman are necessary. In fact, will has been placed before consent. A woman's will is more important than her consent. In our country, rape is considered as tarnishing one's honour.. ..and losing one's dignity. The victim has to hide her identity face from the world. But even in this scenario, without caring about her career.. ..and her parent's financial condition.. ..Anjali Dangle made a resolution to tell the world.. ..about the sexual crime done against her. Your Honours, this case isn't just about Anjali Dangle. It must encourage other survivors to come forward.. ..who have experienced sexual abuse in the workplace at any point in time. I pray to this Honourable court.. ..that they punish this high-class privileged man.. ..to the maximum possible sentence. The prosecution seeks life imprisonment for Rohan Ravi Khurana. Thank you. Defence Council. Your Honours, at the beginning of the trial.. ..Ms. Gandhi showed these photographs.. ..and claimed that Mr. Khurana is a privileged man. I would like to show the honourable court how privileged he actually is. Privileged to be featured for more than 300 hours on Prime Time Television. The result..declared guilty by the honourable media court. Privileged..to be the subject of more than 1.5 million posts. The result..produced guilty by the people's court of Facebook. Privileged..to have been hashtagged #hangtherapist.. ..by the Twitter high court of India. Now let's shed some light on the facts of this case. Can we claim without a reason of doubt.. ..that the Police Investigation was unbiased and fair? No. Anjali Dangle claimed that she screamed.. ..raised a commotion, during the alleged incident. But did anyone hear her scream? No. Anjali Dangle testified that Rohan Khurana molested her in the van. But did she complain to anyone? No. Allegedly, even after getting molested.. ..did Anjali Dangle refuse going to Ravi Khurana's house? No. Did Anjali Dangle tell the Honourable court.. ..that the injury marks on her face and body were caused by her brother? No. Did Anjali Dangle tell the court and the Police.. ..that on the 8th of July, she used the staircase and not the lift? No. Is Anjali Dangle a truthful and dependable witness? No. She is not. A single negation is enough to raise doubts. But this case is filled with it. But more important your Honours.. ..is that the prosecution is doing a grave disservice.. ..to the very women it seeks to protect. Because every false rape claim is another nail.. ..in the coffin of the genuine rape victim. We will take a short recess. After which the court shall return its verdict. Punish the Rohan Khurana! Justice for Anjali Dangle! After hearing the Prosecution and Defence arguments.. ..the division court believes that both are right in their view. But in such complicated cases, there is only one way to reach the verdict. To follow the Law. And the Law is very clear in such cases. If a man is above a woman in a position of power, like in this case.. ..Mr. Rohan Khurana, and if the sexual act between them is medically proven.. ..and if the woman admits in court.. ..that the act occurred against her will or permission.. ..then the court will have to believe her.. ..until the accused doesn't present any solid evidence. Hence under sections 375, 376, 340, 342, 354.. ..and 506 of the Indian Penal Code.. ..this court upholds the judgement of the court of sessions.. ..and sentences the accused.. ..Mr. Rohan Ravi Khurana to 10 years of rigorous imprisonment. Madam, I am going to challenge this judgement. You, Mr. Saluja, would be well within your rights to do that. Adjourned. I am filing a review petition. We have a strong case. Look at me. Don't lose hope. Kainaz. It's not over. Tarun said he will challenge the judgement. It's over for me, Rohan. Best of luck. Tarun was right. What sir did wasn't rape. But it was nothing short of it. Thank you for your help. 'This case is not about Ms. Dangle's rape, it's about her revenge.' 'All this is not possible within 22 minutes.' 'Especially when the woman is resisting.' 'The intercourse happened with Ms. Dangle's consent and participation.' 'The accused and prosecutrix were involved in an affair.' 'And when it ended..' '..Anjali Dangle filed a false and vindictive charge of rape.' Hey, daddy.. - Hey.. - Hey.. I lost the case. I am sorry. And my license was suspended for six months. Can't tell you how happy I am to hear that. - Hi.. - Hi.. - Hi. - Congratulations! Student exceeded her teacher. I am happy for you. - So good to see you. - Hi.. Come. Congratulations, Ms. Gandhi. Sir, I don't think justice was done. We're not in the business of Justice. We're in the business of Law. Come. |
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