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This is an archive article published on April 20, 2011

Shiney moves HC against conviction,seeks bail

Challenging the seven-year jail sentence handed out to him for raping his 20-year-old maid,actor Shiney Ahuja on Tuesday filed an appeal in the Bombay High Court stating that the benefit of lapses in the case given to the prosecution by the trial court were “unheard of in the history of criminal law.”

Challenging the seven-year jail sentence handed out to him for raping his 20-year-old maid,actor Shiney Ahuja on Tuesday filed an appeal in the Bombay High Court stating that the benefit of lapses in the case given to the prosecution by the trial court were “unheard of in the history of criminal law.”

The 38-year-old actor,who had earlier secured bail from the High Court,was taken into custody after his conviction last month. Ahuja has sought bail from the High Court while his appeal remains pending before it. A single judge of the court is likely to hear his plea on

April 27.

Terming the trial court’s order as “perverse and illegal”,Ahuja in his appeal filed through his lawyer Shrikant Shivde has stated that the alleged victim had denied rape,sexual intercourse or any threat given to her by Ahuja. She had also stated her love for Ahuja was one-sided and that she had filed the complaint against him at the behest of Rekha Mane,who had got her the job in Ahuja’s house.

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On March 30,relying on circumstantial evidence,a fast-track court had convicted Shiney for raping his domestic maid at his Andheri residence on June 14,2009. However,the actor was acquitted of the charges of criminal intimidation and wrongful confinement.

In his defence,Ahuja has contended in his appeal that “entire chain of custody of document is required to be proved by the prosecution all over the world before admitting the DNA evidence in a criminal trial. No such documents attempted to be proved or even produced by the prosecution as evidence. This assumes significance when five out of the six DNA samples tested negative during DNA analysis.”

He further stated that “apart from the girl denying the alleged offence,even the medical evidence is negative. Evidence given by doctors who examined both the victim and Shiney state that there are no injuries on the girl’s body. Even the semen and blood sample were tested

negative.”

He has stated that not a single stain of semen and blood was found on the private parts of the girl,accused or in the girl’s clothes and bed.

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The appeal also states that Shiney is a victim of perverse and illegal judgment that is unsustainable in law.

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