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Bollywood actor Shiney Ahujas lawyer on Tuesday gave a new angle to the case,claiming that the victim of the alleged rape belongs to a lower caste,which is aggressive in nature. During a hearing on the actors bail plea filed before a sessions court,lawyer Shrikant Shivde contented that Shiney hails from a respectable family and was wrongly implicated in the case.
Elaborating his version of consensual sex,Shivde argued that if Ahuja had tried to rape the victim,she could have definitely resisted. She belongs to a lower caste,which is aggressive by nature,and she wouldnt have submitted herself so easily. They are known for being aggressive, Shivde said.
Shivde also contented that the victim had concocted the story of alleged rape and it is highly doubtful. Rape cases can be easily concocted. Its hard to prove them and even harder to defend. Prima facie,the case has become a little doubtful. Why didnt the victim try to run from the crime site,if she had not relented to his sexual advances, Shivde asked.
However,Shivde agreed to have seen the medical report that says traces of semen were found in the vaginal smears collected by the doctors. Some of the tests have proved that sexual intercourse had occurred. So we are not refuting that part. We are just contending on the allegation that the victim was raped, said Shivde.
The prosecution,however,opposed the actors bail plea stating that the medical and forensic reports supported the charges against the actor. Medical report is strong enough to nail the accused. Though the victim had no external injury,the medical report supports our case that sex was forceful, said special Public Prosecutor R V Kini.
Ahujas lawyer said that the actor was ready to stay away from Mumbai till chargesheet is filed. If the court feels that my client would try to tamper with the evidence and influence the victim,he wouldnt mind staying away from Mumbai and Raigad where the victim hails from, Shivde told the court.
Shivde was replying to the prosecutions argument that Ahuja would try to intimidate the victim and witnesses as he hails from an influential family.
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