Kasliwal walks free after five years

Rebecca Samervel | TNN

Mumbai: A sessions court on Wednesday acquitted Abhishek Kasliwal, the son of industrialist Ambuj Kasliwal, who was arrested for raping a 52-year-old woman five years ago.

At 12.15 pm, additional sessions judge S R Malpani-Pawar called 31-year-old Abhishek for the last time into the dock and said, “You are acquitted.”

The proceedings were conducted in-camera and the judge only pronounced the operative part of the order. A detailed order is expected in a week, the defence said.

Dressed in a pair of black trousers and a white shirt, Abhishek, who had walked in minutes before with a sombre face, exited the court room with palpable relief.

As he made his way out about 15 minutes later, Abhishek looked relieved and took another exit route to escape the media glare.

Abhishek has been out on bail since April 2006, a month after the alleged incident came to light.

In a major twist in the case, that saw the police facing the ire of the sessions court and Bombay high court, the victim went missing in October 2006. This prompted the public prosecutor in the case to step down, saying he would not be able to do justice as the victim was not traceable.

In June 2009, however, the victim was traced and she surrendered to Worli police.

The case broke out on March 11, 2006 and witnessed many twists and turns over the years. Shree Ram Mills scion Abhishek was accused of raping the woman on the night of 11-12 March 2006. He allegedly offered her a lift from Colaba to her home, but took her to the mill’s compound in Worli and raped her in his luxury sedan.

Kasliwal was arrested, charged with rape, assault and criminal intimidation, and was initially kept in custody. He was granted bail but the court barred him from entering the city limits.

The police filed a chargesheet in June 2006, in which it cited statements of witnesses who saw Kasliwal entering the mill compound with the victim on the night of the incident. The chargesheet also contained forensic reports and results of the narco-analysis conducted on Kasliwal.

The prosecution submitted a list of 48 witnesses, including the victim, who it wanted to examine in court. Abhishek’s lawyers, however, argued in court that it was not rape but “consensual sex”.

Abhishek Kasliwal’s car (above) in which the victim was allegedly raped and the entrance to the Shree Ram Mills compound

IT WAS A DAY OF VICTORY & DEFEAT

Swati Deshpande | TNN

Mumbai: One defence lawyer, two accused men, one charge, two separate victims, one acquital and one conviction, on one day. It was a day of victory and defeat for advocate Shrikant Shivade. He defended two rape accused—Abhishek Kasliwal and Shiney Ahuja. It was acquittal for Kasliwal and a notso-shiny future for Ahuja.

The two cases were three years apart.

Kasliwal (then 27) had been accused of raping a much older woman in the middle of a night outside in his car in 2006. Ahuja (38) had been charged for raping his much younger 18-year-old maid in his own bedroom on a sultry afternoon when he was home alone.
The evidence against both was largely in the victim’s statement. But while the judge did not find evidence enough to convict Kasliwal even though the ‘victim’ stuck to her statement and never turned hostile, the fast track judge in Sewree went on the basis of the FIR against Ahuja, not accepting the turn-around and denial by the maid later.

In the actor’s case, the victim was termed hostile for her “half-hearted” deposition during the in-camera trial. But her retraction was not accepted and the judge also relied on other forensic evidence to nail Ahuja for the sex crime. Ahuja, was held guilty of rape but acquitted of criminal intimidation and illegal confinement. The two accused arrived in court, their expressions grave. One left relieved, the other to re-live a life in jail.

The Times of India, March 31, 2011

Actor Shiney gets 7 yrs RI for rape

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

Sadhvi to be taken to MP

Mumbai: The special MCOCA court on Tuesday granted permission to the Madhya Pradesh police to take 2008 Malegaon bomb blast accused, Sadhvi Pragya Singh Thakur, to Dewas for investigation into the murder of RSS pracharak Sunil Joshi. Police said Joshi was a prime suspect in the Samjhauta train blast, Hyderabad Mecca Masjid bomb blast, Ajmer dargaha blast etc.

Rameshwar Geete, Sadhvi’s lawyer, said, “The court has asked to Byculla jail authorities to take Sadhvi to MP either by a plane or train. The JJ hospital, where Sadhvi is undergoing treatment, has submitted a report that she can travel by train or plane.”


March 30, 2011

South Mumbai turns fortress for WC final

GAME PROTECTORS: Security personnel at the rehearsal

1,000 Personnel Hold Wankhede Security Drill

Mateen Hafeez | TNN

Mumbai: South Mumbai has become a fortress for the cricket World Cup final on April 2. Police sources said that Force One, trained on the lines of the National Security Guards (NSG), will be ready to tackle any untoward situation.

As part of the tight security measures, food and water bottles will not be allowed into the Wankhede stadium.

Rajkumar Vhatkar, deputy commissioner of police (operations), said that additional forces would be called in from Thane and Navi Mumbai.

“We are ready. Force One will be part of our teams. We have told all buildings close to the stadium to lock their terraces. Our men are already patrolling the buildings to ensure there is no untoward incident,” he said.

Vhatkar said, “Security at sensitive places, bridges and VVIP stands will be supervised by the NSG and quick response team (QRT) commandos.”

On Monday morning, the police began a bandobast rehearsal with over 1,000 personnel. The rehearsal continued till evening. “The teams have been divided according to locations and several assistant commissioners of police are handling the bandobast. The intention is to ensure watertight security and to make personnel familiar with the stadium,” he said.

Teams will also be deployed on the Marine Lines bridge, and nearby railway stations and railway tracks. “Women police personnel will be part of the bandobast. We cannot reveal the exact number of personnel being deployed for security purposes. We can just say that it will be safe,” said Vhatkar.

The Mumbai police has written to the ministry of home affairs (MHA), asking it to take the initiative and declare the area near the Wankhede stadium a no-flying zone on the day of the match.

“The no-flying zone will be taken care of by the air force,” added Vhatkar. The police will also use the stadium’s control room to monitor over 200 closed-circuit television cameras installed in and around it.

“If someone enters the stadium and goes out, he will not be permitted re-entry,” said Vhatkar. He added that the gates will be opened three hours prior to the match.

The police will also hold a rehearsal on controlling a stampede-like situation.

“We are practicing an evacuation situation as well. Our men are working very hard,” the officer added.

The Times of India, March 29, 2011

Neighbours battle, neighbourhoods watch

Preparations Are Afoot To Watch The Battle Royale With Pak, Be It From Home, At Work, The Local Bar Or In Mohali

Shreya Bhandary, Bella Jaisinghani & Mateen Hafeez | TNN

Confident of riding the Motera-Mohali-Mumbai highway to cricketing history, fans across the city are stocking up on food and drink – and maybe the choicest Punjabi abuses – ahead of tomorrow’s clash of the titans.

Wednesday could be termed an unofficial holiday, owing to the the World Cup cricket semi-final between arch-rivals and neighbours, India and Pakistan. Several Mumbaikars have already declared their intention to fall ‘sick’ or honourably leave office early. While many plan to watch the match at bars or multiplexes, home sweet home will also be the venue for a number of Mumbaikars. In fact, in a few neighbourhoods the fever pitch is being raised.

The residents of Sumer Towers in Mazgaon are installing a widescreen TV and chairs in their compound. To fortify themselves for the emotional journey that lies ahead, they have requisitioned special pavbhaji and pani-puri stalls during the match. “Most of the residents want to watch the match together and cheer for India. Even those who are working have agreed to leave work early on Wednesday,” said a resident. “We are all looking forward to Wednesday now.”

Recognizing this as an opportunity that may not recur for years, Santa Cruz resident Raju Lalwani has organized a bash complete with a giant screen on the terrace of his apartment building. “Around 75 people will watch the match followed by a multi-course dinner. We have called for Punjabi dhol players who will sound the drums at every Indian four and six,” said Lalwani. “If we win, there is a grand fireworks display.” A team of doctors will also be on standby to ensure “heartbeats remain in control”.

Television is banned inside the Darul Uloom Hanfia Rizvia madarsa at Colaba, but the mini-India that lives there still manages to keep score. “We enjoy the commentary on All India Radio,” laughed vice-president Qari Niyaz Ahmed Qadri. “In fact, 120 small boys who are training to become priests have been holding special prayers for the Indian team.”

The long arm of the law is also extending its generosity at Arthur Road jail, where authorities have made “all arrangements” for the semi-finals – that is, for all the inmates except 26/11 convict Ajmal Kasab. “The inmates love cricket so we have provided TV sets in all cells. Most already have televisions, but our men are checking to see that each set is working properly,” said a jail officer. “The high-security anda cells have been given an FM radio connection so the inmates can at least listen to the commentary,” said Surender Kumar, I-G of prisons.

Law-abiding citizens will stick to bunking work. Naheed Contractor reserved a table at a sports bar. “Around 15 to 20 friends are planning to call in sick,” she laughed.

The Times of India, March 29, 2911

A tangled web of vengeance

The internet has become a tool in the hands of people out to exact revenge for slights real or imagined. The victims are often women

Mateen Hafeez | TNN

If you have spurned someone’s offer of love or have rivals at work or in business, guard your social networking space. Chances are they will use it to hit back at you. In 2010, the police received 771 complaints about internet-related offences, 319 of which were from women who were the victims of fake profiles, online upload of private photographs and obscene emails.

Recently, the cyber cell of the police received a complaint from the assistant manager of a major bank about the upload on a social networking web site of a decadeold photograph of hers shot at Girgaum Chowpatty. The picture was captioned ‘call girl’. It caused her sleepless nights till the trail led to her ex-boyfriend.

“Investigations show that in 80% of the cases, the accused is known to the victim,” said a police officer. “When a relationship is good, photographs and personal details are exchanged. But when it deteriorates, those spurned try to retaliate using the internet as a tool.”

Often, the culprit is a former boyfriend, college mate or a partner in an extramarital affair. The officer said: “There was this case of a woman. Even after marriage, she kept in touch with her former boyfriend. When she went to stay in New Zealand with her husband, who was a deputy manager with a private firm, her ex-boyfriend followed her.

“The two spent some time together in a hotel. Later, the exboyfriend emailed the husband pictures of her with him in a compromising situation.”

In another case, two medical students were in a physical relationship in Mumbai. The boy got married, but wanted the girl to continue the relationship. She refused. “So he sent a mobile video clip of her to her prospective inlaws,” the officer said. “In yet another case, a girl who was to marry a businessman came to know that a nude video of her shot on cellphone had been uploaded on a porn web site. Obviously, it was her ex-lover’s work.”

The problem with the cases, the police say, is that the victims refuse to lodge an FIR for fear that they will attract unwanted publicity. “They approach us only to confirm or trace the identity of their tormentor,” the officer said. “They like to deal with them on their own, without involving the police.”

ONLINE HARASSMENT LEGAL CONSTRAINTS
There is no specific section on cyber bullying in the Information Technology Act To deal with cases, the police resort to sections 66 A (sending offensive messages through communication service), 66 E (violation of privacy), and 67 (publishing or transmitting obscene material in electronic form) of the Act Sometimes the police also invoke section 509 (outraging the modesty of a woman) of the Indian Penal Code Punishment is generally 2 to 7 years

CYBER CONCERN
It is very important for a separate section in the IT Act delineating cyber bullying and stalking as a crime. Its lack often weakens the prosecution’s case and victims—who are often minors and women—are unable to seek redress N S Nappinai | ADVOCATE

CASE-BY-CASE 2004-05 | Chennai court punishes Suhas Katti—arrested in Mumbai—for putting pictures of woman colleague online and making up stories about her. This was the country’s first conviction in a case of cyber revenge

Jan 2009 | The cyber crime investigation cell arrests a 22-year-old MBA student from Lower Parel for creating an obscene profile of her friend and posting vulgar remarks. The accused was reportedly humiliated by the victim and created the profile to teach her a lesson

April 2009 | The investigation into an email issued in February 2009 warning of a terror plot to blow up Hiranandani Complex, Powai, leads to a gay love triangle, where a 33-year-old actor wanted to get back at his former partner and the latter’s new flame

June 2010 | Actor Meghna Naidu of Kaliyon-Ka-Chaman fame complained about her email account being hacked and her friends told on chat that she was pregnant. The hacker, impersonating her, also abused three Bollywood actors through the chat service

Illustration: Mahesh Benkar. Text: Swati Deshpande, Mateen Hafeez


The Times of India, March 28, 2011

If only the net knew no gender

Mateen Hafeez | TNN

Mumbai: It is said that the internet knows no gender. While that does not ring true for women when it comes to cyber bullying and stalking, it does have a perverse element of truth about it.

“Men, too, are approaching the police with complaints about fake profiles or real ones on social networking web sites being hacked into. Recently, we received three such complaints,” said an officer from the cyber crime investigation cell of the police.

One of the complainants, a father of two who fell out with his business partner, found his sexual preference on his profile changed to ‘gay’. Soon he started receiving calls from homosexual men in hot pursuit of him. His trauma lasted till the police deleted the account.

In the second case, two youths were in love with the same girl. When she accepted the overtures of one of them, the other created a fake profile of the victor containing his phone number and stating his sexual orientation as ‘gay’. “The youth was shocked to see his new online reality. He started receiving calls from men seeking sexual favours,” the officer said. “If this wasn’t enough, one of the callers went to the extent of inquiring about the size of his member!”

In the third case, two acquaintances had a brawl over a petty issue. One created a fake profile of the other, stating him as gay and seeking “satisfaction”. The calls followed.

“You cannot imagine the trauma of such victims,” the officer said. “When their friends and relatives come to know about the case, they feel embarrassed. Just like women victims, they refuse to lodge a formal complaint fearing stigmatization. They seek our help only so that the profiles can be deleted.

“Most of the time, we play the role of mediators and counsellors. We see them traumatized. They tell us that they feel everyone is looking at them with suspicion. But we try to convince them that they are perfectly alright and the culprit will soon be caught.”


The Times of India, March 29, 2011