Filmmaker Mahmood Farooqui, accused of raping a US researcher, told a special fast-track court Friday that the version of the rape incident as alleged by the victim shows the “impossibility of sexual assault”.
Farooqui made his defence based on “independent evidence on record” related to call detail records (CDR), cab booking details and the woman’s testimony.
The defence counsel told Additional Sessions Judge Sanjiv Jain that based on the evidence, the four stage sexual assault as alleged by her could have not taken place within two minutes and forty seconds.
The woman had alleged she had a conversation with a common friend after which the alleged assault took place in four stages. After the incident, the prosecution said she had booked a cab and left Farooqui’s residence.
Refuting the prosecution’s argument, the defence said considering the time of the call made to the common friend and the time when the cab was booked, as recorded by the main server, the maximum intervening time is likely to be about two minutes forty seconds.
“… It is alleged she had a conversation with a common friend, then was subjected to sexual assault in four stages and later booked a cab. Even if one assumes this is true, the whole turn of events could not have happened in less than three minutes. This proves the impossibility of sexual assault,” argued advocate Nitya Ramakrishnan. The defence also argued against the victim’s testimony that she had not resisted Farooqui as she feared meeting the same fate as the December 16 gangrape victim.
The defence added the woman has not explained why she stayed at Farooqui’s house for over 30 minutes after the alleged incident. “After the alleged assault, she booked a cab, but cancelled it. She also waited in the house on being asked by Farooqui’s friend. She could have left early but she chose not to leave. This shows the comfort at the accused house. This should be read against her,” the defence argued.