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Bollywood movie "Peepli Live" co-director Mahmood Farooqui, who has been accused of allegedly raping an American research scholar at his residence here, today moved a bail application before a Delhi court.
Additional Sessions Judge Sanjiv Jain listed the matter for August 25, saying it will also hear arguments on charges on the same day.
During the brief hearing, counsel for Farooqui moved an application seeking inspection of a cell phone of the alleged victim saying that he needs to go through some text messages which she had sent to her friend, who is also a prosecution witness in the case.
"There is mention of text messages sent through the cell phone in the statements of victim and also a witness recorded under provisions of law but the call detail records which the police is relying upon does not show any such messages being sent," he said.
The counsel further said that if the police is relying upon the cell phone records of victims cell phone, then the accused is entitled to inspect the same.
Advocate Vrinda Grover appearing for the complainant opposed the application of Farooqui saying there is no provision under law that the accused is entitle to inspect the case property at the stage of framing of charge.
She said mere statements of the woman recorded under provisions of law is more than enough for framing of charges under section 376 (rape) of IPC against the accused.
The court said that if the case property is given to him for inspection, then their is every possibility of its tampering.
"The cell phone is being analysed by the Forensic Science Laboratory (FSL) and the data is being retrieved from it in a hard disk. As soon as FSL comes out with a report it will be given to the accused," the court said assuring Farooqui's counsel that the copy of the report will be given to him before recording of complainant evidence.
On August 5, the magisterial court had committed the proceedings in a case to the sessions court.
