Fenil and Bollywood

Posts Tagged ‘vaginal swab

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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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

By Hetal Vyas and Deeptiman Tiwary (MUMBAI MIRROR; June 30, 2009)
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.


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