Shiney’s shine gone!!

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Mumbai: A day after Shiney Ahuja was accused of rape by his maidservant, police arrested the 36-year-old Bollywood actor early on Monday and produced him in the Andheri magistrate’s court. The actor, who debuted in ‘Hazaaron Khwaishein Aisi’ and went on to act in films such as ‘Gangster’ and ‘Woh Lamhe’, was remanded in police custody till Thursday. Police told TOI that they were awaiting results of medical tests to establish if the maid was below 18 and a minor. Doctors at the police hospital told TOI that tests showed she was 17-18, which left the matter ambiguous.

The maid lodged a complaint on Sunday, alleging that Shiney raped her when the two of them were alone at home. Police sources said that Shiney’s wife Anupam hired the maid about a month-anda-half ago. Anupam was out of town when the alleged incident occurred. Two other hired helps, a cook and a full-time maid, were not at home either.

The maid reportedly told police that Shiney had made advances to her on Saturday afternoon but she resisted him. On Sunday, he allegedly called her into his room asking for water. When the victim went in with a glass of water, the actor locked the room from inside and allegedly gagged and raped her. The girl alleged in her complaint that thereafter, Shiney locked her in the room for two hours before letting her go.

As the maid left the house crying, the actor’s neighbours enquired if there was a problem. She told them some of the story. The Oshiwara police have recorded the statement of the neighbours. Actor threatened to kill maid: Cops Mumbai: The maid who lodged a complaint on Sunday, alleging that actor Shiney Ahuja raped her when the two of them were alone at home. After the incident the victim then went to her relatives’ place and later approached the Oshiwara police. The police picked up Shiney for questioning from his residence on Sunday. Shiney was arrested at 4.25am on Monday under Indian Penal Code sections 376 (rape), 342 (wrongful confinement) and 506 (death threat).

Police alleged the actor threatened to kill the girl if she disclosed the incident to anyone. Niket Kaushik, zonal deputy commissioner of police, said, ‘‘He did some inappropriate acts on Saturday, but the victim had let it go. But on Sunday, he raped her when he found her alone in the house.’’

The actor’s full-time maid had reportedly gone to church about two hours before the incident took place. Police are likely to make the actor’s two servants witnesses in the case.

The police have sealed the actor’s flat, which will be handed over to the family once forensic experts complete their investigation. On Monday, forensic experts visited the flat along with the police and collected evidence.

All this is rubbish, my husband is innocent: Anupam Ahuja

MUMBAI: ‘‘My husband is innocent and all this is rubbish,’’ said Anupam Ahuja, wife of Shiney Ahuja, on Monday while reacting to the rape charges

brought against him by his maid. Anupam returned to Mumbai by a late-night flight from Delhi on Sunday after the actor was detained by the police. Anupam, who usually stays away from the media glare, added, ‘‘I love him very much. He is a wonderful father and a great partner. He’s a man with a golden heart. The entire family stands by him.’’

Shiney Ahuja’s father Col SP Ahuja was almost in tears when asked about his son. ‘‘The truth will come out soon, please leave us alone,’’ he said. Members of Tarapore Towers, near Lokhandwala, the society in which the actor lives, did not know much about the maid. One member said, ‘‘We normally issue photo-passes to all the house-helps who work in the society, but this girl was hired directly by the family and used to enter her name in the visitors’ book. As members of the society, we really cannot do anything about it. Besides, we have never heard of Shiney Ahuja indulging in such acts before.’’

The actor’s mentor Sudhir Mishra said, ‘‘Never have I ever got any complaint from anyone about Shiney misbehaving on the sets.’’

What bollywood thought??

Since the news broke on Sunday night, all of Bollywood’s had one talking point – that Shiney Ahuja has been arrested for raping his maidservant. Reports say that the girl – 18 or 19, according to varying accounts – claims that he bound, gagged and raped her, and that he also threatened to kill her. The girl’s preliminary medical tests have confirmed rape.

She’d filed a case with Mumbai’s Oshiwara police on Sunday night according to which, the actor gagged and raped her while they were alone in his house on Sunday in the absence of his wife and child. Shiney’s wife and child were supposed to be out of the country, but sources say that they’ve returned to Mumbai, though his wife has been unavailable for comment so far. Reports also say that Shiney and his wife are separated.

Shiney was to be produced in court yesterday. Reports also said that he had confessed to the cops that he’d had intercourse with the maid, but that it was consensual. Earlier, police said Shiney was booked under Section 376 for rape, but later the charge of threatening to kill – IPC Sec 506 – was added. Under Section 376, a rape convict can be punished with imprisonment of either description for a term not be less than seven years. The accused could also be punished for life or for a term which may extend to ten years. The accused may also be liable to be fined unless the woman raped is his own wife and is not under twelve years of age.

Those in Bollywood who’ve worked with Shiney in the past were all unclear about the details, but said they hoped justice would take its course.

Some questions –pertaining to the legality of the case – and some answers

CAN CONSENSUAL SEX BE EASILY PROVED?

“In the case of rape, the evidence of the victim is enough,” says lawyer Satish Maneshinde. “Proving it wasn’t rape but consensual sex, is very difficult.” If there are no signs of aggression on the victim, it could indicate consensual sex, but that’s not sufficient as evidence. “To prove consensual sex, there should be evidence in the form of SMSes or telephonic calls which show there was an involvement. Even if the victim is known to be a prostitute or a condom was used, it’s still not accepted as consensual sex,” says Maneshinde, adding, “Where the victim is from a weak social and economical background or there’s an employer-employee angle, the tilt is always towards the victim.”

WHAT ABOUT ADULTERY?

Whether it’s rape or consensual sex, what about adultery if the person is married? “Generally, the system doesn’t take serious cognisance of adulterous activity. That’s because the aggrieved party, which is the wife, has not complained,” explains lawyer Majeed Memon. “There are two different aspects that come to fore in the Shiney Ahuja case – one, the exploitation of maids or aspiring actresses. Second, you cannot rule out a conspiracy to falsely implicate a celebrity.”

ARE MEN AT A DISADVANTAGE IN OUR SYSTEM? In matters of rape, men are always at a disadvantage in our system, experts feel. “That’s because they are considered the more aggressive of the two sexes,” says Maneshinde.

Lawyer Shrikant Bhat adds, “Section 114 A of the Evidence Act says, ‘If she states in her evidence before the court that she did not consent, the court shall presume that she did not consent.’ An innocent man will be convicted on this presumption. Also, the previous sexual conduct of the girl cannot be brought on record in the inquiry or cross examination under the same Act.”

What amounts to rape?

According to Section 375 of the IPC, a man is said to commit “rape” when he has sexual intercourse with a woman... 1) Against her will 2) Without her consent 3) If her consent was obtained by putting her or any person she’s interested in under fear of death or of hurt 4) With her consent, when the man knows that he is not her husband, but she believes that he is the man she is lawfully married to 5) If consent was given under intoxication or unsound mind.

WHAT HAPPENED Shiney detained Sunday night for questioning by the Oshiwara police station in Mumbai, maid alleges rape Shiney’s wife and daughter were reportedly abroad at the time Reports surface that Shiney told the cops there was intercourse, but it was consensual Maid says she was bound and gagged, raped, that he threatened to kill her Shiney produced in court on Monday

It has shamed me more than anybody because Shiney was closely associated with me. I have spoken to the police officers who are in charge of this case and I know that they will do a fair job. If Shiney has used power and forced himself on that girl then it is shameful. I am sure justice will be done.

– Mahesh Bhatt, filmmaker

I am saddened and shocked by the news. If it is said that the girl was raped, then justice should be done. But I have worked with Shiney in two movies and have had a decent working relationship with him.There’s nothing wild about him.That’s why this has come has a shocker. – Chitrangda Singh, actor

I am shocked. The Shiney I know and have worked with is a very down-to-earth and highly professional person. He is a very quiet person, keeps to himself and has never misbehaved with any woman. I have not been able to react because the Shiney I know can’t do such a thing. – Anurag Basu

source: Times of india


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