One cannot decide how a woman must conduct herself after having suffered a "trauma", a US researcher today told a Delhi court during final arguments in the rape case allegedly involving "Peepli Live" co-director Mahmood Farooqui.
Reiterating the allegations levelled by the 30-year-old US researcher against Farooqui, her counsel told Additional Sessions Judge Sanjiv Jain that the complainant's testimony has remained unrebutted during the recording of evidence.
The lawyer also refuted the contention of Farooqui's counsel that the complainant's conduct was questionable.
"Defence had questioned the conduct of the prosecutrix post the alleged incident. Who decides how a woman, who has suffered from trauma, should behave? Her conduct inspires confidence and corroborates her testimony in the case," advocate Vrinda Grover, appearing for the researcher, said.
The court has fixed the matter for clarifications, if any, on March 28 after which it is likely to reserve its verdict.
During the final arguments, Grover said mobile phone of Farooqui's friend Ashish, who was recently re-examined, should not be treated as a primary evidence as it had not been seized during the probe.
Wrapping up the arguments, advocate Nitya Ramakrishnan, appearing for Farooqui, said, "Prosecutrix is not an epitome of truth. It has to be seen whether her statement can be accepted or not during the course of the trial as it has an impact on the life of accused."
During the trial, Farooqui, who is out on bail, has denied all the allegations levelled against him.
On September 9, 2015, the court had started the trial in the case after framing rape charge under section 376 (rape) of IPC against Farooqui.
The court on February 22 had re-examined Ashish after the Delhi High Court had on February 12 allowed the plea filed by the complainant who had said his further examination was required as some new facts were introduced which were going against the prosecution case.
The final arguments in the matter were re-heard in the case after this development.
The woman, in her complaint, had alleged that Farooqui was drunk when he raped her at his house where she had gone to get his help for her research work.
The police had on June 19 last year lodged the FIR against Farooqui on the woman's complaint after which he was arrested.
On July 29, 2015, a charge sheet was filed against Farooqui alleging that he had raped the research scholar from Colombia University at his Sukhdev Vihar house in south Delhi on March 28 last year.
