HC grants permission for polygraphic tests on Abhishek Kasliwal

Mumbai, Mar 17 (UNI) The Bombay High Court today granted permission for polygraphic and brain mapping tests to be conducted on Abhishek Kasliwal, who is in police custody for allegedly raping a 52-yr-old woman at Worli in South Central Mumbai.

Justice R S Mohite, while dismissing Kasliwal's plea, agreed with the submission made by the prosecution that the test was necessary to find out the truth.

The order was passed following a petition filed by Kasliwal against the metropolitan court order which had permitted the conduction of the tests on him.

However, defence counsels Shirish Gupte and Rachita Dhuru contended before the court that the alleged incident was not rape but ''sexual intercourse with consent.'' They described the entire prosecution case as false and baseless saying the victim was loitering around Regal cinema hall at 0200 hrs when Abhishek came around.

Advocate Gupte further said the woman also shared alcohol with him. ''If it was rape as alleged, then how come no signs of any nail marks or injury were found on the accused,'' he added.

The defence argued that generally hardcore criminals were made to undergo the said tests.

''But, just because he belongs to a reputed family, the police officials want to glamourise the case and make him undergo the tests,'' they said.

Advocate Gupte also told the court that the police has said they have recovered the Mercedez car, clothes of the accused and all other evidences related to the incident, and now nothing is left to be probed in the case, even as Abhishek's police custody has been extended upto March 21.

He further said it is a fit case for filing a chargesheet instead of performing these tests for any further investigation.

While opposing the plea, Chief Public Prosecutor Satish Borulkar said the police wants to conduct the test and bring out the truth, which will be used for further investigation and cited the apex court orders allowing such tests on accused people.

Earlier, a metropolitan court at Bhoiwada had extended the police custody of Abhishek till March 21 while mentioning the offence committed by the accused is of a serious nature and the investigating agency has sought custodial interrogation, as the probe is yet to be completed.

Additional Metropolitan Magistrate P P Suroshe, in his order, had said the probing agency wants to take the accused to Bangalore for conducting polygraphic test, for which the court has granted permission.

Abhishek (27) was arrested in the early hours on Sunday for allegedly raping a 52-yr-old woman in Shree Ram Mill compound in Worli.

He is the son of Shree Ram Mills owner Ambuj Kasliwal and was arrested following a complaint lodged by a woman, hailing from Vishakhapatnam in Andhra Pradesh, alleging she was raped by him.

The victim stated in her complaint that she was waiting near the Jehangir art gallery in Colaba area for transport to go to Mumbai Central railway station to take a train to Naigaon at 0230 hrs on Sunday when she was offered lift by a man.

She alleged that instead of dropping her at Mumbai Central railway station, Abhishek took her to the Shree Ram mills premise in Worli and raped her.

The accused has been booked under sections 376 (rape) and 325 (causing grievous injury) of the IPC.

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