The 26-year-old woman, who was raped inside an empty bus at the Swargate depot in Pune, on Monday filed an application before a court, seeking a “restraining order” against “statements uttered in public and on social media”, leading to her “character assassination”.
Advocate Asim Sarode filed the application on behalf of the victim before the court of judicial magistrate (first class) T S Gaygole.
The same court had remanded Dattatraya Ramdas Gade (37), the accused in the case, in police custody till March 12. During the arguments over police custody of the accused on February 28, the defence lawyers submitted before the court that the accused did not rape the victim and that “they had a consensual physical relation”. Meanwhile, speaking to mediapersons, some family members of the accused also claimed that it was “a case of consensual sex”.
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The victim filed an application through lawyer Sarode seeking a restraining order from the court against such statements.
In the application, Sarode stated that such statements “are causing a serious blow on the mind of the victim. Hence, it is important in the interest of the victim that such an order may kindly be passed in her favour and her interest”.
Sarode said the court will hear the matter on March 4 and then decide on the application. He said, “In another application, I have mentioned that freedom of press is important and media persons have to report whatever happens in the court. But some people are spreading false news. Character assassination of the victim is being done and so she is seeking justice.”
Meanwhile, the probe into the case was handed over to the crime branch of Pune city police on Monday.
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A senior police officer overseeing the case said that the statement of the victim was recorded before a court in Pune on Monday, as per Section 183 of the Bharatiya Nagrik Suraksha Sanhita (BNSS). The officer added, “All necessary procedures related to forensic evidence have been completed, including DNA sampling of the accused.”
According to the police, the victim was allegedly raped twice by the accused in the government-operated ‘Shivshahi’ bus stationed at the Swargate depot in Pune in the early hours of February 25.
Police told the court that the victim was waiting at the bus depot to catch a bus to her hometown in Satara district around 5.30 am on the day of the incident. Police said the accused, who was loitering at the bus depot, allegedly approached the victim and asked “Tai, kuthe challis tu? (Sister, where are you headed?)” As she replied, Gade allegedly told her that the bus for her hometown was parked at another location at the depot.
Police said Gade kept calling her “Tai (sister)”, due to which she trusted him, but he allegedly misled her and made her come along with him to the Shivshahi bus (Swargate to Solapur route) in the depot. There were no lights and no passengers in the bus, so she felt suspicious and told the accused, “Dada, mala baher jau dya, mala ghari jayche ahe (Brother, let me go out of the bus, I have to go home)”. But the accused allegedly raped her twice in the bus. As the bus was air-conditioned, its windows are permanently closed, the police said.
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After the incident, the accused fled from the spot. The victim later boarded another bus for her hometown. On reaching Hadapsar, she spoke with her male friend over the phone. He insisted that she approach the police.
She then came to the Swargate police station and lodged an FIR against the accused under Bharatiya Nyaya Sanhita (BNS) sections 64, 351 (2). Police identified Gade from clues obtained from video footage of CCTV cameras inside the Swargate bus depot and other locations. The police identified the accused as Dattatraya Gade of Gunat village in Shirur taluka of Pune district. After a rigorous search operation, police nabbed Gade at Gunat, with the help of local villagers around 1.10 am on February 28.
His brother held a press conference in Pune along with defence lawyers Wajed Khan Bidkar and Sajid Shah. “We have faith in the police and judiciary. The victim should also get justice. If the court gives penalty to him (accused), we will accept it…. But a fair probe should be done. Media is showing just one side of the coin… Media should also show the other side of the coin… Whatever the truth should come forward…,” his borther said.