Critical things for proving rape

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rohini55

@rohini55

Voyager

Posted: 12 years ago

Even with Saurabh switching the DNA sample, the truth could have been arrived at,

1) Fix Sanchi's mobile phone to see if the video can be retrieved. Technology has made this possible

2) Get Sanchi's call records to establish conversations between her and Sau pre and post the event. This is a very important link used in murder cases.

3) Contact the cell phone company to see if they can establish the fact that Saanchi's phone received an MMS.

4) Establish from which cell no the MMS was sent

5) Establish the owner of the cell no : It would be either Vivek or Saurabh Kabra

6) Ask Saanchi to call Saurabh and record the conversation where he will surely threaten her etc.

7) Call the domestic help who saw Sau trying to get cosy with Sa. If Sau says it was consensual, then at least it will be proved that he was not above having a physical relationship with her which he has been denying outright.

8) Put Ankita in the witness box and cross-question her vigorously. She will crack under pressure

Also grill his friends, two of whom saw the video footage and will find it difficult to hide the fact under cross-questioning

9) Everybody seems to have missed one vital clue. Sau himself admitted that he went to the rave party with Sa. He said she drank a lot and he escorted her upstairs to a bedroom where she fell asleep while he came downstairs. This is a critical admission.

10) Link this with Saanchi's medical reports showing that she was given a date rape drug and was sexually assaulted,

11) This may not conclusively establish Sau's guilt but the needle of suspicion will certainly point to him as he was the last person to see her conscious.

12) In the Aarushi murder case, the court held the parents guilty by circumstantial evidence, saying that they were the last to see her alive.

13) In rape cases the victim is heard with sympathy which the judge should be shown doing, disallowing threatening noises by the defence lawyer. From the legal pov it is immaterial what her past is. Even sex workers can be rape victims. By the yardstick of past history, no marital rape can be proved because it is more than possible that the wife would have submitted to the husband's advances in the past. So the defence lawyer should be strictly told: Ask for evidence but you dare not question her past. That does not contaminate her current evidence. If Saanchi loses it should be for lack of evidence not because she lied in Jagya's case.

14) Anandi should not make a virtue of the fact that they don't have proof. In another rape case in another soap, the heroine keeps saying we don"t have proof but we have the truth with us. This is nonsense. What is the point of skipping medical examination etc and then saying we have the truth on our side?

Edited by rohini55 - 12 years ago

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rohini55

@rohini55

Voyager

Posted: 12 years ago

And yes, Sau should be asked what happened to Saanchi after he left her asleep? Who took her away? And if he came to the party as her escort, was it not his responsibility to see that she was safe? She could have been ill after drinking too much. Sau should be asked if it was the usual practice with him to abandon the girls he escorted to parties.

And if he doesn't do this as a matter of routine, then should he not have known what happened to her? How does he explain going away in a hurry leaving the unconscious girl all alone and at everybody's mercy?

And when V Kabra, nostrils flaring, asked if Sa's family knew she was at a party and drinking herself unconscious, he should have been asked if Sau told his family he was going to a rave party where he was going to drink. If Sau was all innocent and sanskaari, why would he hide this fact from his family? And indeed, doesn't the fact that he hid this truth point to something?

If the girl hides and lies, she is loose, if the boys does the same, he is brave and macho. Anandi, why did you not ask this to VK?

Edited by rohini55 - 12 years ago

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SPuja

@SPuja

Rocker

Posted: 12 years ago

Serials do not go by logical questions even in court cases. It is all drama. The points mentioned in above posts are valid and the prosecution lawyer and the police (not Anandi - witnesses are there only to record their testimony and to answer the questions asked by lawyers. They cannot put questions/arguments) should have taken up these points.

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tinoo

@tinoo

Rocker

Posted: 12 years ago

Originally posted by: rohini55
. If Sau was all innocent and sanskaari,

🤣🤣 I don't know why but the image of saurabh being innocent and sanskaari was great and made me laugh out loud!!

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rohini55

@rohini55

Voyager

Posted: 12 years ago

@tinoo

why, is sanskaari female gender? I thought it was gender neutral ...hahaha Point is big bro thinks Kabra jr is totally a cutie pie.

If he thought about it, he would wonder why Sau abandoned Saanchi and rushed home when the decent thing to expect of a "sansakaari chhota bhai" would be that he would wait for her to recover and drop her home. My friends would do that if I was in that state.Even if I wasn't in that state and was driving home, they'd call to check if I had reached.

Sau doesn't even call to check how unconscious Sa is? How does big bro condone that? For the simple reason that if he questioned chhotu on it, and he said he had not even called to check how Sa was, it would all be terribly, terribly suspicious. Which decent male friend would do that to his date? Even if this did not prove rape, it would prove to big bhai that chhotu was a bad sort. And certainly questions would arise as to why he did this to sa. Why?

In other words, hottie kabra is either not intelligent or he deliberately does not want to be intelligent. Just as hottie Shiv did not want to be intelligent with respect to chhotu sis.

Edited by rohini55 - 12 years ago

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Missesha

@Missesha

Dazzler

+ 2

Posted: 12 years ago

@ Rohini, excellent post and very logical presentation of case in Sa's favour.

But to be honest Cvs have never shown technicalities in so many critical tracks of BV and this case is no different.

It started off well but its court room scenes are not gripping at all. This case has enough evidences to be an open and shut case but it has developed into a very different direction. And it will end very dramatically too, with V Kabra bringing the evidence at the final moment.

I suppose this case is more for drama's sake, TRPs, Saanchi's repentance, kabra standing against his bro and highlighting A's importance as lead (Not that I mind it). But it is quite lamely handled and disappointing for a specific set of audience who wanted to see logical and technical fire in the court room.

Lets see how the upcoming episodes unfold.

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-poloenigma-

@-poloenigma-

Voyager

Posted: 12 years ago

Bang on Rohini. I really don't understand why do the writers take up such sensitive issues at all if they can't do justice to them? This track started with a lot of promise but ended up being a joke in the name of a date rape track. I finally thought that after dishing conrinuos crap last year, they're finally doing something worthwhile, but I have been left dissapointed.

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anshurg5

@anshurg5

Sparkler

Posted: 12 years ago

Agree Rohini,

Cvs have picked a burning issue in the form of date rape and MMS, their intention may be good to make many people aware of date rape drugs and to give a message to fight for justice even at the risk of gossip in the community. But for this they should proceed logically not over dramatically.

Till now they have missed various vital points and in the end if Anandi and Sanchi are unable to prove Sau guilty unless Kabra finds the MMS made by Sau, it will only send the message that accused can be prove guilty only if he has recorded the brutality himself..

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aparnauma

@GoodDoc_2105

Trailblazer

+ 4

Posted: 12 years ago

Originally posted by: rohini55

Even with Saurabh switching the DNA sample, the truth could have been arrived at,Truth could have been arrived at but it will be very difficult to prove the switching of DNA sample.Sanchi can only raise a doubt about.It will be difficult to prove that unless the court agrees to test it on a repeat sample and matches it with the sample recovered from Sanchi.

1) FiIx Sanchi's mobile phone to see if the video can be retrieved. Technology has made this possible.Wish they would show Anandi trying to fix the phone and recover the video.Whether they succeed in it or not it is different issue at least it would look more intelligent.

2) Get Sanchi's call records to establish conversations between her and Sau pre and post the event. This is a very important link used in murder cases.This should be done to prove or disprove Sanchi's words.Both sides should do this

3) Contact the cell phone company to see if they can establish the fact that Saanchi's phone received an MMS. This should be done to prove or disprove Sanchi's words.Both sides should do this

4) Establish from which cell no the MMS was sent

5) Establish the owner of the cell no : It would be either Vivek or Saurabh Kabra

6) Ask Saanchi to call Saurabh and record the conversation where he will surely threaten her etc.

7) Call the domestic help who saw Sau trying to get cosy with Sa. If Sau says it was consensual, then at least it will be proved that he was not above having a physical relationship with her which he has been denying outright. I wonder whether the gardner's evidence will be taken

8) Put Ankita in the witness box and cross-question her vigorously. She will crack under pressure

Also grill his friends, two of whom saw the video footage and will find it difficult to hide the fact under cross-questioning.This should be a must because all the friends in that group generally are considered as witnesses

9) Everybody seems to have missed one vital clue. Sau himself admitted that he went to the rave party with Sa. He said she drank a lot and he escorted her upstairs to a bedroom where she fell asleep while he came downstairs. This is a critical admission.That is an admission that he was there at the party. Doesn't prove much unless DNA samples are collected from all the males who attened the party.

10) Link this with Saanchi's medical reports showing that she was given a date rape drug and was sexually assaulted,It can be done but they don't who gave her those drugs did she take them on her own?

11) This may not conclusively establish Sau's guilt but the needle of suspicion will certainly point to him as he was the last person to see her conscious. Agree

12) In the Aarushi murder case, the court held the parents guilty by circumstantial evidence, saying that they were the last to see her alive.

13) In rape cases the victim is heard with sympathy which the judge should be shown doing, disallowing threatening noises by the defence lawyer. From the legal pov it is immaterial what her past is. Even sex workers can be rape victims. By the yardstick of past history, no marital rape can be proved because it is more than possible that the wife would have submitted to the husband's advances in the past. So the defence lawyer should be strictly told: Ask for evidence but you dare not question her past. That does not contaminate her current evidence. If Saanchi loses it should be for lack of evidence not because she lied in Jagya's case.

14) Anandi should not make a virtue of the fact that they don't have proof. In another rape case in another soap, the heroine keeps saying we don"t have proof but we have the truth with us. This is nonsense. What is the point of skipping medical examination etc and then saying we have the truth on our side?

My thoughts on the points you raised are in red.

Agree with all the points you said and they should be done and debated in the court to either prove or disprove.

Agreed this is fiction and they are making it Anandi vs Kabra sr for drama instead of Sanchi vs Saurabh.No complaints at all. Drama can be played out using credible stuff too. If Anandi does things in a rational way and Kabra finds a way to counter them till he is proven that his brother is the guilty party.

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aparnauma

@GoodDoc_2105

Trailblazer

+ 4

Posted: 12 years ago

#10

Originally posted by: rohini55
And yes, Sau should be asked what happened to Saanchi after he left her asleep? Who took her away? And if he came to the party as her escort, was it not his responsibility to see that she was safe? She could have been ill after drinking too much. Sau should be asked if it was the usual practice with him to abandon the girls he escorted to parties.

And if he doesn't do this as a matter of routine, then should he not have known what happened to her? How does he explain going away in a hurry leaving the unconscious girl all alone and at everybody's mercy?

And when V Kabra, nostrils flaring, asked if Sa's family knew she was at a party and drinking herself unconscious, he should have been asked if Sau told his family he was going to a rave party where he was going to drink. If Sau was all innocent and sanskaari, why would he hide this fact from his family? And indeed, doesn't the fact that he hid this truth point to something?

If the girl hides and lies, she is loose, if the boys does the same, he is brave and macho. Anandi, why did you not ask this to VK?

Saurabh admitted that he put her in that room and left from the place.So he will say that he didn't know what happened to her after he left her.

Saurabh should be questioned by Sanchi's lawyer about all these things.

As for Vivek Kabra he is already biased against Sanchi and he will take the line that Sanchi is trying to frame his brother just like she tried to frame Jagya in the past.

I guess as a lawyer he too must have come across people trying to frame their adversaries in fake cases so he is understandably cynical about Sanchi.

Sanchi went to the party with his brother she could have very well had sex with his brother which is consensual in nature and they also had drinks and did drugs too.All these things could have happened with herc onsensus and now she is trying to frame his brother.That is the line he has taken which is not wrong considering the life styles of Sanchi and his brother.

So obviously the evidence is the MMS which proves that Sanchi is not aware of what is happening.

This is not to support Vakil Kabra but I guess his mind set in this case is based on the assumption that Sanchi had consensual sex with his brother and now trying to frame him.Which nowadays we do see these cases.Sanchi's case has become like that boy who cried wolf.

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