Actor Shiney Ahuja challenges conviction in HC
Actor Shiney Ahuja, in the Bombay high court on Tuesday, challenged his conviction for raping his domestic help in 2009, terming it “illegal and perverse”.mumbai Updated: Apr 20, 2011 01:54 IST
Actor Shiney Ahuja, in the Bombay high court on Tuesday, challenged his conviction for raping his domestic help in 2009, terming it “illegal and perverse”.
Justice AR Joshi admitted Ahuja’s appeal that challenged the seven-year sentence awarded to him by the Sessions court on March 30. Ahuja has also filed a bail application, which will be heard on April 27, his advocate Shrikant Shivade said.
Although the maid had retracted her statement about being raped, the Sessions court convicted Ahuja on circumstantial evidence.
Ahuja’s appeal stated that apart from the girl denying the alleged offence, even the medical evidence was negative. Evidence by doctors who examined both the victim and Ahuja stated there were no injuries on the girl’s body. Even the semen and blood samples showed up negative in Ahuja’s favour.
His appeal added, “The judge has inferred that the minor abrasions on Ahuja’s wrist must have been caused by the girl. But, the doctor stated that the girl’s nail clippings taken for DNA analysis tested negative for Ahuja’s DNA.”
It transpired during cross-examination that the vaginal swab mysteriously disappeared, though it was collected and sealed in a separate bottle. The expert could not explain how it went missing. Usually, the court gives the benefit of the doubt to the accused if there are lapses in investigation.
However, in this case, the judge has granted the same to the prosecution. “The judge has refused to consider the evidence that proves Shiney’s innocence and has drawn unwarranted conclusions/ inferences devoid of any legal basis,” Ahuja’s appeal stated.
According to the testimony of one of the witnesses, Rekha Mane, the victim was in a dishevelled condition and had come running down the stairs. However, the CCTV footage shows the opposite. The footage shows the girl walking down calmly with her hair neatly combed and tied and clothes in order, the appeal added.
While convicting Ahuja, the Sessions court had observed that it had considered circumstantial evidence – the positive DNA report, the girl’s hymen was torn, there were bloodstains on the victim’s clothes and Shiney’s hand bore scratch marks.