Fenil and Bollywood

Shiney’s lawyers try to pick holes

Posted on: October 2, 2009

Swati Deshpande | TNN (THE TIMES OF INDIA; October 1, 2009)

Mumbai: Shiney Ahuja’s legal team tried to create more holes in his alleged victim’s claim that she was raped between 3 pm and 5 pm in his Andheri house on June 14.

The Bombay high court on Wednesday was hearing the bail plea of actor Shiney Ahuja who
is accused of raping his domestic help. The court will pass its order on Friday.

Though the domestic help claimed to be raped between 3 pm and 5 pm, the records from the phone company showed that she was speaking on her cellphone between 3.15 pm and 3.45 pm, said Shiney’s
lawyers Shirish Gupte and Srikant Shivade on Wednesday.

The fact that the girl only mentioned the word “atyachar (torture)’’ in her statement on oath before the magistrate and not “rape’’ was also discussed. Justice A P Deshpande asked for the dictionary meaning of atyachar and Gupte said it, in
no way, meant rape. But public prosecutor Sangeeta Shinde said the 20-year-old domestic help’s FIR and medical evidence pointed at rape and that atyachar had to be construed in the context of the incident.

The judge found it strange that neither the girl’s nor Shiney’s clothes had semen or blood stains on them given that she
had worn her clothes “immediately after the alleged forcible sexual intercourse’’. The defence also wanted to know how the police officer had access to lab reports of the maid’s vaginal swabs when the same documents were denied to Ahuja by the sessions judge.

When the judge asked why the police had not recorded any statement of the neighbours, the state’s lawyer said, “In these sophisticated housing societies, neighbours do not bother to interfere even if someone dies.’’ The judge said it was not true as it was a neighbour who took the maid to the police station to lodge a complaint.
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