Barely a few days after the Mumbai Sessions Court acquitted singer Ankit Ti wari in a 2014 rape case citing lack of evidence, the complainant said that she was planning to move the High Court to reopen the case. Talking to BT last week (edition dated May 3), she said that her decision was prompted by the post-acquittal statements made by Ankit and his brother, Ankur. According to the complainant, the brothers had signed a document promising that they would not speak about the case or her in the media.

Now, Ankit has reacted to her claim saying that he had never signed any document. He also denied being in a relationship with the woman or committing to marriage. Ankit and Ankur spoke to BT about the trauma of the three-yearlong trial and more...

'IT WAS PURE FRIENDSHIP'
Ankit says, “I never spoke about the case during the trial. I opened up only after I was acquitted by the honourable court. And even then, all I said was that I had complete faith in the judiciary. Having said that, we haven't given her any written acknowledgement. I first met her during Durga Puja celebrations in 2013. We were introduced by a mutual acquaintance and exchanged numbers. Then we started meeting as friends and going out for coffee. From my side, it was pure friendship. There was no shaadi ki baat. In fact, she had lied to me about her marital status, but since I was not romantically interested in her, it didn't matter. There was no physical intimacy between us. This feels like a film script. Ek script nayi nayi taiyyar kee jaa rahi hai. Her version has changed at least four times.“ Ankit adds, “The first notice that I received was different from the FIR, which was again different from what was mentioned before the court. And now, all of it is different from what is being reported. Rape is a serious offence and it becomes even more serious when it involves a celebrity. It is to be noted that she lodged the complaint only after I became popular.“

'NO GRUDGES, NO COMPLAINTS'
Talking about the three-year-long trial, the composer-singer says, “It was extremely tough. I faced many problems and lost out on projects. I was a very positive person till this incident occurred. It also made me realise the value of family. I could not face my parents; when the case was going on, I didn't speak at all. I spoke only after my acquittal, but I'm being put to trial even now. I have no grudges or complaints against her or anyone else. It's unfortunate that people are believing a scripted story and that too, after my acquittal. Main khud ko toh sambhaal loonga, but mummy daddy ko kaise sambhaaloon?“ About the complainant's allegations that she had supported him financially during his days as a struggler, Ankit says, “My struggle has been graceful. Yes, I have taken money from family, but never from outsiders.“

ALL SET FOR A SECOND INNINGS
Ankit says that he wants to restart life and his career on a positive note. “All I know is that I have to work hard and get cracking again, which I will. My priority is my work. I am shattered, but can't let my family see it. I have to keep smiling for their sake. After this incident, I am scared to even meet friends who are girls. However, they supported me during the trial. In fact, they still come home to meet me since I don't go out much and was never the partying kind. I am not interested in anyone and will let my mother decide about my marriage.“

I DON'T WANT TO REACT TO SOMEONE'S COOKED-UP STORY: ANKUR TIWARI
Ankit's brother Ankur, who was also accused of threatening the complainant, says that contrary to her claims, she never visited Ankit's parents with a marriage proposal. Ankur says, “She could have visited our parents in Kanpur as a friend, but it is not on record. Why are we being asked about it now? All these complaints started only after Ankit became popular. I don't want to react to someone's cooked-up story. Kal sadak se uth kar koi bhi kuchh bhi bolega toh main apna kaam dekhunga ki answer doonga? The latest development has affected us, especially since we have been acquitted.“

THERE APPEARS TO BE NO GROUND FOR REOPENING THIS CASE: ANKIT'S LAWYER
Rizwan Merchant, who is defending the Ankit and Ankur, says, “The complainant's problem is that she doesn't want to be declared hostile, but she has stepped in the witness box once and told the court that Ankit and she were just friends. She said that they knew each other and used to go out for parties. If she now claims that she was pressured by the other party to take the case back, why didn't she complain to the court at that time itself? Had that been the case, any court would have cancelled the bail and they would have been taken into custody. There was no physical relationship at all and that's been our line of defence. Also, there is no mention of rape in the first handwritten complaint submitted by her. In that, she has mentioned consensual relationship. However, we have not even admitted to that. And if you say consensual, it can't be rape. And if it was rape, it couldn't have been consensual. There appears to be no ground for reopening this case.“

Barely six days after the Mumbai sessions acquitted court composer-singer Ankit Tiwari of rape charges levelled by a woman in March 2014, the latter has decided to move the Bombay High Court to reopen the case. Ankit was acquitted on April 27 after the complainant turned hostile and the prosecution failed to gather enough evidence against him. Apparently, the singer and his brother Ankur's statements to the media after their acquittal has irked her.

The complainant says, “I decided to withdraw the case after fighting for almost a year, as Ankit and his family pleaded saying that it was affecting his career. My family and husband (she got married in 2015) were pressured by them and their lawyer, Neeraj Gupta. I agreed and in return, asked them to apologize to my parents, who were insulted by them. I also got it in writing that they would never give a statement - direct or indirect - against me or on the case once they were acquitted, failing which I would be free to initiate any legal action I deem fit. They have not only tried to tarnish my image by claiming that they are innocent, but have also gone all out to prove that the case was false.“

Ask her if she has been paid any monetary compensation and she replies, “I haven't been paid a single penny. I withdrew the case with good intent, but their behaviour has angered me. I have now decided to take the case ahead. I will file a re-petition before the High Court in a week to reopen the case. I have enough proof to establish my case.“

The woman, who Ankit was allegedly dating then, had filed a case against him in March 2014 for sexually assaulting her several times between October 2012 and December 2013 after promising to marry her. She had also filed a case against Ankur for threatening her. Ankit was subsequently arrested by the Mumbai Police on May 8, 2014 and later let out on bail.

Recalling the event, she says, “He saw me at an event and asked an acquaintance for my number. He developed a liking for me and we met a few times as friends. When I invited him to my place on my sister's birthday, he offered me a drink and had sex with me. It wasn't consensual the first time. When I confronted him, he promised to marry me. In fact, my family even met his parents in his hometown Kanpur, but were humiliated by them. Soon after, Ankit threatened me saying that he will circulate an intimate video clip of me with him. His brother also threatened me.“

When contacted, Ankit directed us to his lawyer Rizwan Merchant, who remained unavailable till the time of going to press.

LEGAL VIEW
We spoke to Advocate Yusuf Iqbal Yusuf to understand if a complainant can approach a higher court after turning hostile and here's what he had to say: “Under Indian laws, serious offences such as rape, murder and kidnapping are offences against the State. Therefore, once an FIR is registered on the complaint of a victim/first informant/witness, the State becomes the Prosecutor and the victim/first informant becomes one of the witnesses. During a criminal trial, the evidence of the witness is recorded. It is the bounden duty of the witness to speak the truth since the evidence is recorded under oath. If a witness is untruthful, then he/she becomes liable to be prosecuted for perjury. One of the recent high-profile cases was the Jessica Lall murder case where several witnesses turned hostile and the Delhi High Court directed that they should be prosecuted. Sections 191 to 205 and also 213 and 214 of the Indian Penal Code deal with giving false evidence and screening of offenders. If the survivor was under any threat or subjected to intimidation, then she would be excused if she can show such threat and if she comes forward and gives truthful evidence now. However, if there was any agreement or understanding pursuant to which she turned hostile, then she would face prosecution for giving false evidence. On the other hand, if the new evidence which she comes forward with is credible, then the acquittal of Ankit Tiwari could be set aside.“

Despite the success of songs like Sunn Raha Hai Galliyan, Ankit Tiwari is and clear that he composes music only for the love of it. Though fans are crazy about his mellifluous voice, he prefers composing to singing. Ankit opens up to Bombay Times about his musical journey, his faith in hard work and why he feels that a performer's real challenge lies in singing live on stage. Excerpts:

How did it all start for you?
Music runs in my family. My mother used to sing jagratas. I earned a Sangeet Prabhakar in classical music, but I always had stage fright. I would play the instruments, but shy away from singing on stage. I learnt a great deal during my initial days in Mumbai, when I sang as a part of chorus and at weddings and hotels to sustain. I won't associate struggle with anything bad. It helps you evolve as a person and makes you stronger. You always learn from difficult times. People used to make fun of my style back then, but perseverance pays off. One should have a high threshold for patience and never compromise on ethics.

Since you have been through a struggling phase, what would be your advice to aspiring composers?
If you want to make a career out of music, pursue it wholeheartedly as there is no dearth of opportunities. You could feel helpless at times, but handle it and work hard. If your work is good, you will connect with listeners, no matter what others say to bring you down. Earlier, when I wore normal denims, people thought that I had no style. Now, even if I turn up in half pants, they find it cool. Success makes you a trend. What's important is to not let it get to your head.

How do you strike a balance between singing and composing?
I came to Mumbai with the dream of becoming a composer. Tigmanshu Dhulia and (Mahesh) Bhatt sahab heard me while I was presenting songs to them. They liked my voice and made me sing. By rule, I sing the composition live and never make directors listen to a recorded version. Composition is my priority. As a listener, I also value the production of the song equally. Hence, I get involved in that aspect too. You enjoy what you do from the heart. And I want to breathe my last while singing on stage.

As a composer, what do you look for in a singer?
I should like the overall personality of a singer because that reflects in the song. But in a creative field, you can't stick to any rule book. You make alterations depending on the requirement.

How is singing for others different from crooning your own composition?
As a singer-composer, I am involved in the song right from the word go. I understand its emotion, flow and feeling better than anyone. If I am singing for someone else, I have to abide by the music composer because it's his song and he knows about it more than anyone. Now, I like to sing for others more. You absorb and learn new things through their distinct music style.

Now that you have started performing on stage, what do you prefer: live singing or recording?
I can't choose one over the other. When you are recording in a studio, the involvement in the song could be gradual and you can redub if you are not happy with the first product. But you are required to be bindaas on stage. There is a direct interaction with the fans and you get an immediate feedback. You understand what they like and dislike. My fans are my biggest achievement. Mujhe meri aukaat se zyada mil gaya hai.

Melody is your strength. Would you break away from it and try other genres?
I won't ever leave melody, be it dance, emotional or romantic numbers. I would like to try disco numbers, but would veer towards melody even in that.

Many of your songs are melancholic. Any particular reason?
(Laughs) I am not sentimental in real life. I just feel that when a song is emotionally rich, no matter what feeling it carries, it will connect with the audience immediately. Dard baantne se ghatata hai. Every genre of music enjoys a loyal audience.

Is there any particular process you follow while composing?
There are times when I compose to a set of lyrics and then there are times, when I have composed first and lyricists have worded it with poetry later. I wish lyricists and technicians got their due like us. They often go unnoticed.

What do you have to say about this sudden trend of having multiple music composers in one film?
The composers of today don't know the script. It's like window shopping. The concept of multi-music composers has been there since long. If a director involves you in the script as a composer, you learn better about the requirement and the flavour: mitti pata hoti hai gaane ki.

And the latest fad of actors turning singers?
I don't see a problem in that. It helps in movie promotions as actors make an immediate connect with the audience because of their face value. When Shraddha (Kapoor) recorded Galliyan for us, we had decided that if the version isn't good enough, we won't use it. But she sang really well.

Do you think the music industry relies a lot on auto-tuning these days?
Auto-tuning has been there since long and I have learnt it on the job. It's like a plug-in. Today, we are exploring so much, including electronic music and international instruments. I don't understand the fuss about it. We should get rid of everything then that exposes us to new things and enjoy new kinds of music.

You are constantly compared to Arijit Singh. Comment.
I don't believe in numbers. Everyone is good at hisher work. I want to be known for my good work, but don't want any tag. The number game comes with its pros and cons.

What has been your biggest learning from life so far?
Keep working hard and live for the moment. Don't let stress and tension bog you down. I try to brave difficult times with a smile.