He’s a ‘small-time actor’ and no rapist, Shiney’s lawyers tell court
Posted October 1, 2009on:
Swati Deshpande | TNN (THE TIMES OF INDIA; September 30, 2009)
Mumbai: He’s a “small-time actor’’, and while he may be no “saint’’, he’s “no rapist’’ either. This is what actor Shiney Ahuja’s lawyers said, seeking bail pending trial on charges of raping his 20-year old maid at his Andheri home one morning.
In a fresh bid for freedom after spending more than 100 days in jail, the 35-yearold actor–through his counsel Shirish Gupte along with Shrikant Shivade–said the “victim has not even used the word ‘rape’ in her statement to the magistrate regarding the June 14 incident’’. She “had no external injuries, creating doubts over her claim that she resisted him’’, they said. The complainant had called Ahuja many times from her cellphone the previous night, said Gupte.
Forensic experts have said earlier that the absence of external injuries did not mean there was no rape. A woman could be forced into the act by the threat of violence, experts reasoned.
The panchnama noted that when he was arrested on June 15, Ahuja’s left wrist and right little finger had a “nail mark’’ which the actor claimed were sustained while he was working out, and not from the victim’s nails.
The DNA analysis showed no profile was obtained from the victim’s vulval swab, but did find some evidence to match Ahuja’s “control blood component’’ in one of her smear slides. “The reports fail to conclusively establish rape,’’ Ahuja’s plea said, suggesting it was “a consensual act’’.
Saying bail was a rule and not an exception as held in numerous Supreme Court judgements, Gupte said even medical evidence had “little against the actor’’. There was “no semen and blood’’ found on the victim in the panchanama on his or her clothes and at the scene of offence, he added.
Ahuja’s bail was rejected by the sessions court in July on the grounds that he may tamper with the witness because he was “rich and influential’’. But Gupte said: “How is he influential? He has just made his name in a few films. Besides she stays in Raigad district and will only come for the trial. He doesn’t know where she is.’’
The written bail plea, however, describes Ahuja as a “well-known film personality, having won several professional awards… with roots in society’’.
The hearing will continue in the court of Justice A P Deshpande on Wednesday, when the prosecutor will oppose the bail plea.
The maid had narrated the entire incident of “forcible sexual intercourse’’ to neighbours Adarsh Gupta and Sanjeet Kaur. The neighbours then took her to the police station at Oshiwara to file the complaint.