Actor Shiney Ahuja may not be a saint, but he is not a rapist either, his lawyer said in the Bombay High Court on Tuesday pleading for bail.
Arguing before the High Court, after sessions court rejected Shiney's bail plea in the rape case, his lawyer said 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 Shirish Gupte, representing Shiney.
Police arrested Shiney on June 15, after his 20-year-old domestic maid accused him of raping her. Since then he is in custody, and lower court is set to frame charges in the case.
Gupte argued that medical and other evidence suggested that intercourse was entirely with the girl's consent.
"She was habituated to this (intercourse)," he alleged, saying, "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 his upper body.
Gupte also alleged that on the night before the incident, the girl had called Shiney's house 10 times from her cellphone.