Posts Tagged ‘justice a p deshpande’
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.