Fenil and Bollywood

Posts Tagged ‘adarsh gupta

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 pre
vious 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.

The actor had to spend half the day in the court lock-up where the other accused teased and slapped him about
By Deeptiman Tiwary and Raju Shinde (MUMBAI MIRROR; June 19, 2009)
Shiney Ahuja had an eventful Thursday. For the first time since his arrest, he looked less troubled and was seen chatting and exchanging smiles with his family. Before the court proceedings started, he shouted, “I love you,” to his wife Anupam, who responded with equal glee.

Ahuja was produced by the Oshiwara police in Andheri court, which sent him to judicial custody till July 2.

While the order came in the first half of the day, the procedures to transfer him to Arthur Road jail took the whole day. And till then, Ahuja had to share space with 15 inmates, arrested for different offences, in the court lock-up.

They instantly recognised Ahuja saying: “Arey yeh to wohi filmstar hai, jisne apni bai ka game bajaya. (This is the movie star who raped his maid)” Sources say they began teasing him and even slapped him. “They were groping Ahuja every now and then; some even behaved inappropriately,” said a constable.

Ahuja soon started crying and called a policeman for help. He was then separated from the others and put in a corner of the cell. A guard was placed in the lock-up to avoid further escalation.

But the ordeal was yet not over.

At around 7.30 pm, when the police was taking Ahuja to the Arthur Road jail with the other accused, they started abusing him again and created a ruckus. However, police brought the situation under control.

The proceedings

Inside the court, police argued for Ahuja’s police custody on the grounds that the victim’s medical examination had confirmed rape; and that it was awaiting forensic results on whether Ahuja had consumed alcohol or drugs at the time of crime. Surprisingly, there was no mention of them waiting for his DNA test nor was any fresh reason cited for Ahuja’s custody.

Ahuja’s lawyer, Shrikant Shivade, argued that the actor’s custody was no longer needed for investigations and that the police’s remand application was similar to the previous one. “Not a comma or full stop has been changed,” he told court.

Shivade also said that if his client had given any confessional statement, the police should produce it in the court and that the media should be held accountable for printing such stories.

Shivade also moved an application asking why his client had been handcuffed. After the court passed its order, Shivade told the media that he would move the Sessions court on Friday for Ahuja’s bail.

Meanwhile, police recorded two more statements in the case – of Adarsh Gupta and Sanjeet Kaur. These were the first people the victim and her aunt approached on Sunday. They had helped the maid register a complaint.

Police is also planning to record statements of witnesses under Section 164 of the CrPC (Code of Criminal Procedure) – the statement is recorded in front of a magistrate and cannot be retracted. As the witnesses are poor migrants, there is a possibility that they might not be available during the trial. DCP (zone IX) Niket Kaushik said, “Though we have full faith in our witnesses, we are examining the possibility of recording statement in front of a magistrate.”