*~* Incognito Critics # 57 *~* - Invite Only! - Page 29

Public Prosecutor S S Kasthure discussed the case in a telephone conversation with Nithya Ramani.

What charges have you pressed against Shiney?

I have pressed charges under Section 376 of the IPC (Indian Penal Code) (rape), 506 (threatening to kill) and 342 (wrongful confinement).

Why is it necessary for Shiney to be in police custody for three days?

For interrogation. Last night's statement (by the actor) is not valid. We have to wait for more evidence.

What other evidence do you have?

The medical evidence. They have identified injuries on the victim's private parts and semen samples.

There is also a lady who brought the victim from Bihar for employment to Shiney's house. She had gone to the house after the incident and brought her out. We need to find out why she was there and how she knew about the rape.

What will happen after the three days in police custody?

He will be put in judicial custody. He can apply for bail from the sessions court.

Will you oppose his plea for bail?

Of course, on medical grounds and circumstantial evidence and her (the victim's) statement I will oppose (a bail application).

What circumstantial evidence do you have?

The woman (who brought the maid from Bihar) being present at the scene after the incident. Shiney's wife and daughter not being there during the day.

Do you think the woman has any role to play in the incident?

No. In fact, she told the victim not to go to work to Shiney's house as she (the victim) wasn't feeling well.

Was the victim harassed prior to the incident?

Yes. She was molested the previous day, June 13, and raped on June 14.

What do you think was the motive? Was Shiney on drugs or was he drunk?

There are no reports suggesting that he was drunk. He was in his senses. It was a deliberate attempt to rape.

One newspaper and one television channel claims that Shiney is reported to have said it was consensual sex. Will that be taken into consideration?

His statement is not valid. Only the girl's statement is valid. We will fight on that basis only.

Did you talk to the victim? What is her state of mind?

I don't have the authority to talk to her. I can fight the case only on the basis of her medical reports, statement and FIR (First Information Report).

Today I was called by the police at the eleventh hour, so I fought the case on the basis of the reports the police gave me. They should have called me earlier so that I could read my case papers. I didn't have the time or opportunity to read it.

Will the victim to be allowed to go home?

She is not in the frame of mind and cannot go home. If she is allowed to go home, the parents will have to apply to the sessions court. Then she can go home.