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Shiney Ahuja gets bail in rape case

Shiney has been awarded bail in rape case after being ordered by the Court to live in Delhi till the trial begins.

The Bombay High Court granted bail to actor Shiney Ahuja in the case of alleged rape of his domestic help but ordered him to stay in Delhi till the trial begins.

Justice A P Deshpande enlarged the actor on payment of Rs 50,000 cash with a condition that he would stay in Delhi and report to the nearest police station regularly.

On a query by the Court,the actor’s lawyer said Shiney hails from Delhi and he may be allowed to stay there.

The court ruled that Shiney would be permitted to come to Mumbai only during the trial.

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The actor was asked to surrender his passport and refrain

from offering any inducement to witnesses,directly or indirectly and warned against tampering with evidence.

The actor was allowed to be released on cash bail of Rs 50,000 but he will have to provide one or two sureties of like amount within a period of three weeks.

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Shiney was arrested on June 15 after his maid lodged a complaint with Oshivara police station that the actor had raped her at his residence. The wife and child of the actor were not at home when the alleged incident occurred.

Earlier,the actor’s bail plea had been rejected twice by the lower court. Being aggrieved,he moved the High Court.

The actor may be released from Arthur Road jail this evening after he pays the surety,his lawyer said. Shiney has five films in hand,namely,’Migration’,’Har Pal’,’Chalo Movie’,’Accident’ and ‘Take two’,Bollywood sources said.

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Police has filed a 109-page chargesheet against Shiney accusing him of raping his domestic help at his residence.

Shiney’s lawyer Shirish Gupte and Srikant Shivade argued that evidence indicated a consensual sexual intercourse between the actor and the complainant girl.

“I (Shiney) am not a saint in a sense,but not a rapist,” said advocate Gupte,representing Shiney.

Gupte argued that medical and other evidence suggested that intercourse was entirely with the girl’s consent. “She was habituated to this (intercourse)”,he contended,saying that “she had history of closeness to men”.

Gupte said that as per medical reports,there were no injuries on Shiney’s body,barring one between two fingers of hand. “It could be love-bites… or she clutched his hand very hard,” he said,adding that had the girl resisted,she could have scratched Shiney’s face,or upper body,and face.

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Gupte also alleged that on the night before the incident,the girl had called on Shiney’s landline number 10 times from her cellphone.

Gupte said that there were no injuries on the girl’s body,nor were there any signs of damage to her clothes,to suggest use of force.

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Also,no body fluids were found on her clothes,he pointed out. The girl’s “pattern of behaviour” shows that she was a consenting party”,Shiney’s lawyer argued.

The girl had told the police that on June 13,a day before the incident,Shiney had touched her in a wrong way when she had clambered on basin to turn on overhead water tank.

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She did not tell this to other maid servants,or to anybody else,Gupte pointed out.

Even in the statement recorded before magistrate,the girl used the word ‘atyachar’ (atrocity) and did not mention rape,” he argued.

Gupte also mentioned that though the victim’s vaginal swab was taken for examination,medical report talks about ‘slide’,and not a swab. “What happened to swab?” he asked.

Refuting the lower court’s observation that Shiney was “influential person”,and he may pressurise victim if released on bail,Gupte said,”he is not on high pedestal of acting… he is a small-time actor.

Shiney’s wife Anupam,reacting to High Court order,said “I’m overwhelmed to hear that Shiney has been granted bail. We’ve full faith in judicial system.”

First published on: 01-10-2009 at 04:41:37 pm
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