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Mumbai: Terming the rape charge against him by his maid servant as “concocted”, incarcerated actor Shiney Ahuja pleaded for bail but the police opposed it saying the accused might intimidate her if he is released.
The prosecution as well as defence concluded their arguments and a Sessions court is likely to give an order on Wednesday.
“The victim's story of the alleged rape seems highly doubtful and concocted. If she had resisted, then the actor would have had more injuries on his body. But Ahuja has only two scratches on his hand,” his lawyer Shrikant Shivade said.
According to him, there was ample opportunity for the girl to run away from the room or she could have kicked him or even scratched his face.
“It is common knowledge that rape cases are easy to concoct, hard to prove and even harder to defend. The prima facie case has itself become a little doubtful,” Shivade added.
The prosecution opposed the actor's bail saying that medical and forensic reports of the accused as well as the victim had been reported positive.
“Circumstances and evidence point out that it is a case of rape and not consensual sex.”
“The accused is an influential person and comes from the higher strata of the society while the victim was from a lower rung. He might try to tamper with evidence or might intimidate the victim,” prosecutor R V Kini argued.
Referring to the 2006 rape case involving Sriram Mills scion Abhishek Kasliwal, Kini said the victim had mysteriously disappeared after the accused was released on bail.
Shivade, however, told the court that Ahuja was ready to accept the strictest of conditions that the court might impose.
“If the court feels that the accused will tamper with evidence or intimidate the witness, then he is ready to shift to Delhi and not enter Mumbai till he is given the permission to come here,” Shivade said.
“Even assuming that the victim is telling the truth, the matching of DNA at the most will prove sex between two persons and certainly not rape. Not a single injury was found on person of the accused in spite of allegations that he had overpowered her and she had resisted.”
He further said that Ahuja is a talented actor and not a terrorist or a person with criminal antecedents and that he has been tainted by the media even before the trial has begun in the case.
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