Actor Shiney Ahuja in a police van
Rebecca Samervel | TNN
Mumbai: Shiney Ahuja, the 38-year-old award-winning Hazaare Khwaishen Aisi actor, was sentenced to seven years rigorous imprisonment on Wednesday after being held guilty of raping his young maid in his Oshiwara flat on June 14, 2009.
A fast-track court in Sewri relied on the FIR filed by Ahuja’s 18-year-old maid after the incident to convict him although she had later backtracked and denied the rape during the trial. However, it acquitted Ahuja of the charges of illegal confinement and criminal intimidation which the victim had alleged in her complaint.
The actor and his wife Anupam walked into court together, but he left with the police escorting him to jail. The actor, who was out on bail since October 2009, remained silent after hearing the verdict. He hugged his mother as his wife Anupam maintained that he was innocent. Shiney had denied the charge against him, but forensic experts corroborated the case against him.
Public prosecutor K V Dighe said the clinching factors in the case were a positive DNA test and strong medical evidence.
Abhishek Kasliwal is cleared in rape case
Citing lack of evidence, a city sessions court on Wednesday acquitted industrialist Ambuj Kasliwal’s son Abhishek of the charges of raping a 52-year-old woman at the Shree Ram Mills compound in Worli on the night of March 11, 2006. P 2
FORENSIC EDGE
Maid had alleged rape in June 2009, retracted in August 2010
Court goes by circumstantial evidence—DNA tests, semen on quilt and curtains and victim’s scratch marks on Shiney's hand
Shiney convicted of rape, acquitted of criminal intimidation and wrongful confinement
Victim retracts, but Shiney BEHIND BARS
Fast-Track Court Sends Actor To Prison For Robbing Maid Of Honour; Industrialist’s Scion Acquitted Of Rape On Same Day
Rebecca Samervel | TNN
The Sewri fast track court on Wednesday convicted actor Shiney Ahuja on the charge of raping his maid in June 2009 and sentenced him to seven years’ rigorous imprisonment. Six months earlier the victim had backtracked and denied the allegation of rape. The court relied on her FIR, statements given to the magistrate, DNA tests and other medical evidence to hold Ahuja guilty. The judge also fined Ahuja Rs 3,000.
The court acquitted Ahuja of the offences of illegal confinement and criminal intimidation which he was charged with. Convicting Ahuja, Justice P M Chouhan said: “The conduct of the accused, medical report which supported the prosecution’s claim that the girl suffered a hymen tear and DNA evidence were relied upon. The accused is found guilty under section 376 (rape) of the IPC.” Public prosecutor K V Dighe said clinching factors in the case were a positive DNA test and strong medical evidence. “There were blood stains in his room. The quilt and curtains showed traces of semen. Ahuja’s hands had abrasions,” he added. Ahuja’s lawyer Shrikant Shivade had argued in court that there was no proof.
The actor, out on bail since October 2009, was in court with his wife. He was silent and sombre throughout as the judge delivered the guilty verdict. The actor hugged his mother who had accompanied him. His wife Anupam made calls to relatives outside the court.
When escorted to the police van the actor and wife shared a few moments.
When Ahuja was taken away and when asked by the media if she still maintained that he was innocent, she said, “Truth is not something to be maintained. It exists. He is innocent.”
The maid, a native of Raigad, had come to Mumbai five years ago and lived with relative in Virar. She got a job at Ahuja’s residence in May 2009 through her relative Rekha Mane. On June 14, 2009, the 18-year-old girl was alone with the actor at home, as his wife and child were in Delhi and another maid Sangeeta was in church. The victim had told police that Ahuja called her to his bedroom on some pretext, gagged and raped her and even threatened to kill her. At 5 pm, Mane saw the victim crying outside. Mane told the police said she did not enter Ahuja’s home but saw the victim look dishevelled—her lips were swollen and clothes looked untidy. Mane said the victim told her Ahuja had raped her, after which she took the girl to the residence of Adarsh Gupta, a film director. The victim and Mane told Gupta’s mother Premlata (70) about the incident. Premlata consoled the victim and told them to wait till her son and daughter-in-law returned from Jammu. The victim also spoke to her family from Gupta’s residence and when Adarsh and his wife returned, she went to the police and gave her statement. The Guptas also testified in court.
After the complaint was lodged, medical examinations were conducted on Ahuja and the maid. Reports revealed “injuries to the girl’s private parts”, which indicate she may have been forced into having intercourse. A doctor reported a tear in her hymen, indicating fresh intercourse. In the charge-sheet, it was stated that forensic experts retrieved semen stains that were a match with the actor’s DNA.
The case took a twist in August 2010 after the maid, during cross-examination, identified Ahuja but denied she was raped. The victim told the defence she was in love with Ahuja. “I used to see his movies and was happy working in his house. I fell in love with him and wanted to tell him so. I was trying to call him 15-16 times on the phone at night.” But the court refused to accept the retraction.
IN DEFENCE

THEN| Rape is a very heinous crime and can be committed not just by a man but even a woman I really don’t know why he is being framed, it is possible because he is a celebrity and all celebrities are soft targets He is my soulmate and I know he is not capable of doing it
NOW | Truth is not something to be maintained. It exists. He is innocent —Anupam Ahuja | SHINEY’S WIFE

Forensic proof did Shiney in
Vijay V Singh | TNN
Mumbai: At police officer’s decision to put in extra efforts in the collection of forensic evidence helped get actor Shiney Ahuja convicted for raping his maid, even though she turned hostile in court. The police had called in a forensic expert soon after registering an offence in the case.
An officer stated that they knew the case would get controversial due to the involvement of an influential film personality. They also anticipated that most witnesses would not support the prosecution in court.
The victim, along with another maid from Shiney’s residence, approached the Oshiwara police on the night of the incident. The officer on duty was confused about how to handle the case and immediately informed seniors. Then deputy commissioner of police (zone IX) Niket Kaushik went to the police station and supervised the developments. He told the officers to protect the scene of crime till an expert could examine it.
The officers were convinced that the victim was genuine after verifying her background. When they got Ahuja to the police station, he initially misled them that he tried to get close with her a day before and had not committed any crime.
The experts collected the bedsheet, clothes and related material from the spot, while the police conducted a medical examination of the victim and accused at the Nagpada police hospital. A DNA test helped the police establish the actor did have sex with the maid.
The police officers faced a tough time handling rumours, allegedly spread by Ahuja’s well-wishers, doubting the victim’s character. But the officer said they were confident about the conviction as they had strong evidence. The victim, from Raigad district, apparently turned hostile as she got a marriage proposal.
The Incident | On June 14, 2009, the victim had complained of being confined in Shiney Ahuja’s bedroom between 3-5 pm, when another maid Sangeeta had gone to church. The 20-year-old, who worked at the Ahujas’ since May 2009, said that on June 14, she was at home. Ahuja had asked her to come to his bedroom, where he gagged and raped her. Ahuja was booked for rape, illegal confinement, criminal intimidation
What next | Ahuja was taken to Arthur Road jail after the verdict. He can file a statutory appeal in the Bombay HC. He can also seek bail
B’wood hasn’t bet big on Shiney
Bharti Dubey | TNN
Mumbai: Bollywood doesn’t have too much money riding on actor Shiney Ahuja, only about Rs 25 crore — lesser than the budget of a small film. At the time of his arrest, he only had three small films waiting for release, which included Pritish Nandy’s The Accident, Tito Singh’s Har Pal and Puja Bedi’s Shunya.
Trade analyst Amod Mehra says, “Shiney Ahuja’s absence will not be felt in the film industry. Even at the time of his arrest he was not really at the peak of his career. The only decent film he had was with Preity Zinta who was big then. After this sentence nobody would really want to work with him. It’s pack-up time for him.’’
Producer Tito Singh said, “We have been waiting for two years now. The cost of the film Har Pal has gone up to about Rs 15 crore. We were planning some reshoots and patch work before the release of the film. This sentence has come as a shocker and we will now sit with the director to find out a way.’’
After Shiney was released on bail in October 2009, the actor was externed from the city. But he resumed work in Delhi first by dubbing for Pritish Nandy’s film The Accident and later shooting for it.
Nandy is yet to release the film. “We were hoping something positive would come out but now we will release the film anyway.’’
Shiney did manage to get one project after bail. Directed by Puja Bedi the film was titled Shunya and co-starred Sayali Bhagat.
Industry insiders say his appeal to and even relief from a higher court will not really help him make a comeback. Mehra said, “He is not Salman Khan or Sanjay Dutt who despite serious cases against them were accepted by both the industry and audiences. They are stars and Shiney has always been struggling to make a place for himself in the film industry.’’
But Mahesh Bhatt, who gave Shiney his big hit Gangster feels, “We are in the illusion manufacturing industry. Now it will be difficult for the audience to view his screen persona without being reminded of this heinous crime (rape). This verdict is a body blow to his film career. However, there is hope. The higher court can reverse this verdict.’’
Stars’ Brush With Law
Sanjay Dutt was arrested in 1993 for illegal possession of arms and spent 15 months in jail as an undertrial Salman Khan was held and convicted for killing black bucks during the shooting of Hum Saath Saath Hain in Rajasthan in 1998. He was also involved in a hit-and-run case in Bandra in 2002, killing one person and injuring several others sleeping on the road Fardeen Khan was arrested for illegal possession of cocaine outside an ATM in Juhu in 2001 Madhur Bhandarkar was accused or rape by starlet Preeti Jain in 2004

The Times of India, March 31, 2011