I didn't rape, it was consensual sex: Shiney tells court

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Shiney Ahuja may not be a saint but he is not a rapist either, the actor's lawyer said pleading for bail.

Arguing before Bombay 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 victim.

"I (Shiney) am not a saint in a sense, but not a rapist," said advocate Shirish Gupte, representing Shiney.

Shiney was arrested by police on June 15, after his domestic maid alleged rape. Since then he is in custody, and the 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. Gupte said that there were no injuries on the girl's body nor were there any signs of damage on her clothes, to suggest use of force.

Also, no body fluids were found on her clothes, he pointed out. The girl's 'pattern of behaviour' shows that she was the consenting party, Shiney's lawyer argued.

"She was habituated to this (intercourse)", he alleged, saying that "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 upper body, and face.

Gupte also alleged that on the night before the incident, the girl had called Shiney's house 10 times from her cell phone.

The girl had told the police that on June 13, a day before the incident, Shiney had touched her in a wrong way when she had clambered on a basin to turn on overhead water tank, and she had chided him for that.

She did not tell this to other maidservants or to anybody else, Gupte pointed out.

Even in the statement recorded before magistrate, the girl used the word 'atyachar' (atrocity) and did not mention rape," he argued, adding that medical report too does not say there was intercourse.

Gupte also mentioned that though the victim's vaginal swab was taken for examination, medical report talks about 'slide', and not a swab.

Refuting the lower court's observation that Shiney was an 'influential person', and he may pressurise victim if released on bail, Gupte said, "He is not on the high pedestal of acting. He is a small-time actor."

Argument will continue before Justice A P Deshpande tomorrow

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Have Esha Deol or Soha ever complained about my behaviour: Shiney Ahuja

Shiney is appalled by all the tales of his relay-run-ins and coldwars with his leading ladies. “I don’t know where they start and I don’t care where they end. For me my most important woman is …no, not my wife. My daughter Arshiya who is all of 1 year and 7 months. And my wife doesn’t mind being secondary to this lady. She’s now begin to run and talk. Arshiya apne kaam ke saare baat kar leti hai. I think I’ve become completely domesticated. The evenings are completely devoted to my family. The minute she wakes up in the morning we start playing. ” Shiney shared a long-distance marriage with his wife Anu who was in the US for three years. “After I became professionally stable she gave up her job in the US to be with me. Now I like my wife and daughter to be with me as much as possible. They were with me when I was Goa recently while shooting for Pritish Nandy Productions’ Accident.” Shiney’s wife has resumed working again. “She has her own educational company now.” Shiney is now looking forward to starting work on his first American film Silvercord along with Shane West, Val Kilmer and Ving Rhames. “Though I’m the only Indian in the film I play an American. I’ve to adopt the entire attitude of a person who has lived in the US all his life. I need to understand the cultural mindset of an American. Yeah, I think I can look convincing as an American.” The director James Ordonez watched Shiney’s films including Hazaron Khawishein Aisi, Gangster, Life In A Metro and even Hijack. “In fact, ” confides Shiney. “after watching my films James became interested in Bollywood films and got a little bit of a shock. Because my work is not the typical Bollywood fare.” Shiney is happy with his progress. “I’ve learnt my lessons from my failures. From Hijack I learnt not to get into a script I didn’t believe in. I had a problem with the script from the start. But the director was a friend and he had promised me it’d be ok.” I don’t have to get along with everyone I work with. I never had a problem with any co-star.” But Kangna Ranaut and Preity Zinta have complained about Shiney. “While shooting with Kangna I never had any problem. I only read about her grievances later. I suppose she was misquoted. We met at a party recently. We hugged very fondly. Preity? I read her saying Shiney is not in my list of invitees. That’s true. We don’t socialize together. When we met she never said anything against me… Strangely I don’t get linked with my co-stars. I get written about for having fights with my leading ladies. My wife should be happy with that. She trusts me completely.” Shiney has almost completed Accident. Next he flies to LA for Silvercord. “We’re shooting the film in the second-half of the year. I’m excited because Indian actors generally end up playing a taxi driver or restaurant owner in American cinema.”

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I never thought maid would go to police: Shiney

Bollywood actor Shiney Ahuja, in police custody facing the charge of raping his teenaged housemaid, is in serious trouble as medical tests confirmed rape, while his lawyer Tuesday said any further action for his defence can come only after the charge sheet is filed. "The findings of the medical report confirm the statements in the victim's first information report (FIR), " Deputy Commissioner of Police (Zone VI) Niket Kaushik told Tuesday. In another disclosure, the official said that a physical examination of the victim indicated she could be aged between 17 -18 years, making her a minor as per Indian laws. "In order to determine her correct age, we are now planning to send her for appropriate dental and bone examination. So I cannot comment anything on this aspect immediately, " Kaushik said. The actor's lawyer Shrikant Shivede told: "He's in the police station for interrogation as of now. No charge sheet has been filed yet. so we'll think of something when the charge sheet is filed." The actor’s behaviour when the police team went to his Tarapore Towers flat to question him on Sunday evening also roused suspicion, say cops. “We were shocked to see Ahuja sitting comfortably with his friends and enjoying a TV show. He was very calm and comfortable until he saw police and the maid’s relative at his door. He probably, never thought that the matter would go to the police,” said an officer privy to the investigations, on condition of anonymity. “An ordinary man will be terrified right after the incident and will be ill at ease constantly thinking what if the victim goes and tells someone. He will try to do many things to make sure that the victim doesn’t squeal. But Ahuja seemed pretty comfortable watching TV with no fear whatsoever. However once he realised why the police had come to his house he started trembling,” the officer added. Additional CP (Western Region) Amitabh Gupta said, “We are checking his record. Until now we have not found any complaint on record against him. But our investigation is on and we are interrogating various people.” In his statement to the police Shiney Ahuja has stated that he had flirted with the maid on Saturday, and as she made no objections to his advances, he was emboldened and got carried away. He added that he never 'intended to rape the maid', but termed it an 'accident'. Soon after his arrest on Sunday, Shiney told the police that he never thought the maid would approach the police and lodge a complaint against him. He reportedly said, "Maine usey Saturday ke din cheda tha tho usne kuch nahi kaha, aur isliye maine agle din socha ki usse koi problem nahi hai kyunki usne mujhe kuch nahi kaha." During his statement, Shiney broke down and apologised for the crime. "Woh ek haadsa tha, jo mujhse ho gaya." On Sunday, the maid lodged a complaint against Shiney, accusing him of raping her, threatening to kill and illegally confining her, leading to the actor's arrest. The actor was produced before a magistrate in suburban Andheri court Monday afternoon under tight security and was Monday remanded to police custody till June 18. The victim used to commute by local train from Vasai suburb in neighbouring Thane district to Shiney's home daily for doing cooking and other chores along with two other part-time servants. Police say that after interrogation, Shiney said he had "a physical relationship" with the victim. He has reportedly said he could have committed the crime in a drunken state. He is said to be living separately from his wife Anupama, who has rushed from the US to Mumbai. The couple has a daughter. "I love my husband...He is a wonderful father, a great partner and most importantly, he is an innocent man. I stand by him with all my soul, with all my heart, with all my love, " Anupama told a TV channel. She also slammed the reports that the actor had "confessed" to raping his maid. "It is a lie...utter rubbish, " she said. Shiney's parents, who stay in Noida near New Delhi, too have flown here. Asked how they were coping with news, lawyer Shivede said: "Of course, they are shocked. They are not happy." Shiney is an alumnus of the Army Public School and Hansraj College, New Delhi. He started his acting career in 2003 with the critically acclaimed "Hazaaron Khwaishein Aisi". Later, he acted in movies like "Gangster", "Karam", "Woh Lamhe", "Fanaa", "Hijack", "Life in a Metro" and the box-office hit "Bhool Bhulaiyya". He has bagged over half a dozen acting awards in the past six years for his roles.

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Film faternity gives Shiney Ahuja a clean chit

Bollywood is shell-shocked by the Shiney Ahuja maid episode. There is widespread disbelief that the actor could have shamed the industry in such a manner. They wonder how the nice guy Shiney could have resorted to such a heinous act. His co-stars, directors and producers react...

Shilpa Shetty: It's shocking! I can't believe it. We don't know for sure what transpired between Shiney and the girl and we really can't say what the truth us. But if it really happened it's sad.

Sudhir Mishra: As I was shooting, I woke up late on Sunday to confusing stories about Shiney. What can I say? The Shiney that I know and the Shiney that I hear about now are two different entities. Though he has been a little upset with me for six months because I was working with other actors, we're very close. Hazaaron Khwaishein Aisi was not just the film that launched him but it was also a turning point in my career. It bonded us for a lifetime. There were so many women on the sets and they never had any complaints about Shiney's behaviour. In fact, Shiney did a film with my assistant Ruchi Narain called Kal. He was always a thorough gentleman. I am sure there's some misunderstanding here.

Mahesh Bhatt: The news has shocked and shamed us. The Shiney who worked with us in Gangster and Woh Lamhe is not the demon that surfaced in the media on Sunday night. If what is alleged is proved in the courts we must condemn the dastardly deed with all our might. Our outrage cannot be selective.

Pritish Nandy: The matter is under investigation. I strongly believe in justice taking its own course. However I feel too many people are jumping to too many conclusions. Let's not judge Shiney until the investigations are concluded.

Anurag Basu: I'm in a state of shocked disbelief. This has got to be conspiracy to malign him. Shiney has done two of his best films with me. We've bonded over a long period of time. Never has there been even a hint of bad behaviour from him. I wouldn't have tolerated it. I remember once long ago a spotboy had behaved badly with a lady on my sets, I had fired him immediately. One has to be very careful about these things. It's not fair to try Shiney on television. Let the law decide. I'll believe it only if Shiney himself tells me. He has worked with some of the most beautiful heroines. No one has ever had any grievance against him. I feel this is a trap to malign him.

Chitrangada Singh: I worked with him in two films. It's very shocking and unfortunate. Though I didn't know him personally, I felt he was a nice guy on the sets. He kept a bit aloof. Quiet and ambitious. He got along with people just fine. I hope the investigations are fair. And that someone doesn't get punished for being a celebrity. He seems to have said it was consensual sex. I think it takes courage to own up. I hope he stays strong though this. People do make mistakes. One has to pay for wrongs done. But the punishment should be fair. And if there's been a rape, justice has to be done to the girl."

Mukesh Bhatt: I'm appalled by the way the electronic media has already labelled Shiney a rapist. You can't do this to a man who has a family, career and a bright future. Punish him by all means, if he's guilty. But let the law decide that. How do we know what really happened? Anyone can say anything about someone in the light. Suppose they had consensual sex? Shiney is a successful man. This behaviour seems so out of character and so absurd.

Kunal Kohli: I worked briefly with Shiney in Fanaa. This is indeed very sad. Rape is the worst crime a man can commit against a woman. If he's guilty then it's really very shocking and shameful. Any rapist should be dealt with in the severest way.

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Shiney faces more trouble as rape is confirmed

Bollywood actor Shiney Ahuja, in police custody facing the charge of raping his teenaged housemaid, is in serious trouble as medical tests confirmed rape, while his lawyer on Tuesday (June 16, 2009) said any further action for his defence can come only after the charge sheet is filed.

"The findings of the medical report confirm the statements in the victim's first information report (FIR)," Deputy Commissioner of Police (Zone VI) Niket Kaushik told IANS on Tuesday.

In another disclosure, the official said that a physical examination of the victim indicated she could be aged between 17-18 years, making her a minor as per Indian laws.

"In order to determine her correct age, we are now planning to send her for appropriate dental and bone examination. So I cannot comment anything on this aspect immediately," Kaushik said.

The actor's lawyer Shrikant Shivede told IANS: "He's in the police station for interrogation as of now. No charge sheet has been filed yet. So we'll think of something when the charge sheet is filed."

On Sunday, the maid lodged a complaint against Shiney, accusing him of raping her, threatening to kill and illegally confining her, leading to the actor's arrest.

The actor was produced before a magistrate in suburban Andheri court on Monday afternoon under tight security and was on Monday remanded to police custody till June 18.

Both Shiney and the victim have undergone medical tests in a government hospital.

The victim had been working with him for the past one year. She has accused him of repeatedly raping her.

The victim used to commute by local train from Vasai suburb in neighbouring Thane district to Shiney's home daily for doing cooking and other chores along with two other part-time servants.

Police say that after interrogation, Shiney said he had "a physical relationship" with the victim. He has reportedly said he could have committed the crime in a drunken state.

He is said to be living separately from his wife Anupama, who has rushed from the US to Mumbai. The couple has a daughter.

"I love my husband...He is a wonderful father, a great partner and most importantly, he is an innocent man. I stand by him with all my soul, with all my heart, with all my love," Anupama told a TV channel.

She also slammed the reports that the actor had "confessed" to raping his maid. "It is a lie...utter rubbish," she said.

Shiney's parents, who stay in Noida near New Delhi, too have flown to Mumbai.

Asked how they were coping with news, lawyer Shivede said: "Of course, they are shocked. They are not happy."

Shiney is an alumnus of the Army Public School and Hansraj College, New Delhi.

He started his acting career in 2003 with the critically acclaimed "Hazaaron Khwaishein Aisi".

Later, he acted in movies like "Gangster", "Karam", "Woh Lamhe", "Fanaa", "Hijack", "Life in a Metro" and the box-office hit "Bhool Bhulaiyya".

He has bagged over half a dozen acting awards in the past six years for his roles.

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