July 8, 2009 2:24:54 pm
Observing that prima facie case had been made out against actor Shiney Ahuja for allegedly raping his domestic help,a sessions court rejected his bail plea.
Additional sessions judge D Shirsao remarked that the offence was serious and refused to accept actor’s argument that the victim’s story was “doubtful and concocted”.
The 36-year-old actor,who is currently lodged in the Arthur road jail in central Mumbai,was arrested on June 15 for allegedly raping his 18-year-old domestic maid at his residence in suburban Oshiwara.
This is for the first time he has urged for bail since his arrest.
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Ahuja’s lawyer Srikant Shivade said that the actor might appeal in the Bombay High Court.
The actor’s lawyer argued,”the victim’s story of the alleged rape seems highly doubtful and concocted…If she had resisted,then the actor would have had more injuries on his body. But Ahuja has only two scratches on his hand.”
There was ample opportunity for the girl to run away from the room or she could have kicked him or even scratched his face,he argued.
“It is common knowledge that rape cases are easy to concoct,hard to prove and even harder to defend. The prima facie case has itself become a little doubtful,” Shivade said.
The prosecution opposed the actor’s bail saying that medical and forensic reports of the accused as well as the victim had been reported positive. “Circumstances and evidence point out that it is a case of rape and not consensual sex”.
“The accused is an influential person and comes from a higher strata of the society while the victim was from a lower rung. He might try to tamper with evidence or might intimidate the victim,” prosecutor R V Kini submitted.
“If the court feels that the accused will tamper with evidence or intimidate the witness,then the actor is ready to shift to Delhi and not enter Mumbai till he is granted permission to come here,” Ahuja’s lawyer Shivade said.
He further argued,”Even assuming that the victim is telling the truth,the matching of DNA at the most will prove sex between two persons and certainly not rape. Not a single injury was found on the accused in spite of allegations that he had overpowered her and she had resisted.”
The lawyer further said,Ahuja is a talented actor and not a terrorist or a person with criminal antecedents and that he has been tainted black by the media even before the trial has begun in the case.
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