Archive for the ‘Shiney Ahuja’ Category
Swati Deshpande | TNN (THE TIMES OF INDIA; October 2, 2009)
For the family the bail order has come as an emotional high. “I can now go back and sleep without worrying,’’ Anupam told TOI in a long post-bail chat. “Its our daughter Arshiya who got her papa home. It was her birthday on September 28. She was in Delhi with her grandparents since June. But a day before her birthday, I felt she should be in Mumbai and since she has come, she has brought good luck,’’ smiled Anupam.
“Shiney is an introvert and a family man. He would come home every evening and play with Arshiya or we would all go for walks, movies. He even cancelled parties if Arshiya, who has turned two, would just say ‘papa’,’’ she added.
What about alleged differences between the two? Anupam laughed, “I was in the US for two years, but Shiney encouraged my work. We would together read stories about our failing marriage and laugh. But yes this incident has brought us together like never before.’’
Anupam’s grouse is that the laws are gender-skewed. “The law cannot be a weapon in the hands of a woman,’’ she said, adding “I say this with responsibility because I am a woman who has a daughter.’’
There are more questions left unaswered for the Ahujas. “We are still asking ourselves, how and why this (the charge) is happening? The lawyers said there are lots of inconsistencies. And we have a lot of blessings from our neighbours and other maids in the building where we have lived for six years,’’ she smiled.
Family ecstatic, film industry cautious
Mumbai: Shiney Ahuja’s family can’t wait to see him and plans to visit a temple first. Wife Anupam said: “The first thing I want to do when Shiney comes back is hold my daughter in my arms and open the door for him. I’m not even thinking of what to cook, though his favourite is paneer and paranthas. His mother plans to make kheer.” The forced shift to Delhi also did not seem to matter much: “We began our lives there, we will simply go back home.’’
But the film industry is cautious. Director Anurag Basu said, “The charges are serious and the industry will wait for the decision first.’’ Pritish Nandy, who is waiting for Shiney to complete his film Accident feels it will be time before the actor re-establishes himself. He added, “I will start shooting when he is up to it.’’ Nandy has two days of shooting left with Shiney, which he will do in Delhi. Producer Vinod Pande, for whose film Chalo Movie Shiney has to complete the dubbing, said, “I was not aware Shiney has been externed from the city, nevertheless I can get the dubbing done online.’’
Swati Deshpande | TNN (THE TIMES OF INDIA; October 2, 2009)
Mumbai: Three-and-a-half months after he was arrested for allegedly raping his maid in his own bedroom, actor Shiney Ahuja won bail from the Bombay high court on Thursday after his lawyer argued that there were inconsistencies in the rape complaint. He was, however, asked to leave Mumbai and stay in Delhi until he is required for the trial.
The 36-year-old actor’s jail stay will not end for at least another day. As the court order and the subsequent paperwork was not complete by the end of office hours and thanks to the holiday for Gandhi Jayanti on Friday, Shiney will finally step of Arthur Road jail only on Saturday, said his lawyers.
Apart from setting a bail amount of Rs 50,000 and a surety of the same amount, Justice A P Deshpande said the actor should surrender his passport and warned him against offering inducement to witnesses, directly or indirectly, and tampering with evidence.
Swati Deshpande | TNN (THE TIMES OF INDIA; October 1, 2009)
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.
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.
Vijay V Singh | TNN (THE TIMES OF INDIA; August 13, 2009)
Mumbai: The police have filed a 109-page charge sheet against Shiney Ahuja on Tuesday, charging him with rape, wrongful confinement and threatening his maidservant at his residence in Lokhandawla on June 14.
Ahuja has been remanded to judicial custody till August 13. The sessions court earlier rejected his bail plea, saying there was prima facie evidence to show that a serious offence had been committed.
The charge sheet contained medical and forensic reports and statements of the witnesses, including those who helped the maid to file a complaint at the Oshiwara police station.
The police also recorded the statement of the victim and a witness before the magistrate to strengthen the case and their statements were part of the charge sheet. Additional commissioner of police (west region) Amitabh Gupta confirmed the development.
The maid had told the police that Ahuja called her into his room on June 14, saying he needed water. He then locked the room and raped her.
The actor also locked her inside the room for a few hours before allowing her to leave the flat, she had ‘alleged’. She came to the ground floor in one of the lifts where some witnesses saw her crying and she narrated the entire episode to them.
Medical reports indicated that the actor had intercourse with the victim, officials said, adding that her statement was supported by circumstantial evidence. Forensic experts retrieved semen stains from the maid’s private parts and they matched the actor’s DNA profile, officials had said, adding that it was crucial evidence in the case. A medical examination conducted on the victim had indicated injury marks on her private parts and abrasion on the actor’s right hand, suggesting forced intercourse. The reports are part of the charge sheet.
The victim was a resident of Raigad and came to Mumbai, a few months before the incident. She was staying with relatives in the extended suburbs and was working with the Ahuja family.
Shiney applies for bail even as forensic report on Monday confirmed that the semen sample taken from maid’s body matches the star’s DNA
|The Forensic Science Laboratory at Kalina on Monday confirmed that the semen sample in the vaginal swab of the maid who alleged rape, matched with the DNA of the accused, actor Shiney Ahuja.
Regardless, Shiney moved the Sessions Court last week for bail on the ground that “he is from a good family” and that some of his films are only half done and “need to be completed”.
Ahuja invoked his army background and the absence of any criminal antecedents against him as the ground of his bail. But most importantly, Ahuja argued that his films are hanging because of his incarceration and that he must be released so that he can complete them.
Ahuja’s lawyer Shrikant Shivade said, “Ahuja’s bail application mentions four main grounds: He has no criminal antecedents, he is from a good family, the trial could take a long time which may affect his unfinished films.”
Chief Public Prosecutor RV Kini said that the application would be heard on July 3.
Among Shiney’s unfinished films are Accident with Soha Ali Khan, Chaloo Movie directed by Vinod Pande, and Har Pal with Preity Zinta, for which Shiney Ahuja still has to dub.DNA may clinch conviction
However Monday’s forensic report puts the actor on the back foot. “Any other analysis has space for doubt but not the DNA. Two people can never have the same DNA fingerprint. We got favourable results as the police were prompt in obtaining and sending us samples before they were washed away by the victim,” said a senior FSL official.
Confirming the news DCP (Zone IX) Niket Kaushik said, “The DNA report in the case supports the FIR. Ahuja’s DNA has matched with that of the semen found in the victim’s vaginal swab.”
The DNA analyses of other samples picked up from Ahuja’s house, however, have remained inconclusive. Police had sent the clothes of the victim and the accused, the bedsheet and the pillow covers of Ahuja’s bed, on which the crime was allegedly committed. An FSL investigation, did not find any semen on these samples.
Police, however, said that other reports now become immaterial as the evidence related to the intercourse has confirmed rape. Medical report of the maid also confirm physical violation. “There were injury marks on the private parts of the victim and the accused had scratches on his wrist and finger. It clearly shows that the intercourse was forced,” said a police officer.
“The report on nail clippings of the victim – to find if there is any skin or blood that matches with that of the accused – is still awaited,” said a senior officer.