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Shiney Ahuja Controversy and volte face by the maid

Shanthi Rajagopal

Shiney Ahuja (born 15 May 1973) is an Indian actor, who won Filmfare Best Debut Award for Hazaaron Khwaishein Aisi in 2006. Shiney Ahuja was born in New Delhi. His father was in the Indian army. His early schooling was at St. Xavier’s School, Ranchi. He then studied at The Army Public School, Dhaula Kuan, New Delhi. His initial plans were to join the armed forces. While studying at Hansraj College University of Delhi from 1992-1996, he was attracted to Theater and joined the Barry Johns Acting School in Delhi. Sometime after 1996, he moved to Mumbai.

The film won Shiney Ahuja rave reviews and was viewed as one of the best films of that year. In 2006 Ahuja was awarded Best male debut by Filmfare Awards, Screen Awards, IIFA Awards, Zee Cine Awards and Stardust Awards for his performance. He however grew more familiar with mainstream audiences with Karam (2005), where he starred alongside John Abraham and Priyanka Chopra. He played lead role in the popular movie Mahesh Bhatt’s Gangster. He acted in the filmed life story of Parveen Babi and Mahesh Bhatt “Woh Lamhe” in the year 2006 opposite Kangana Ranaut. The film was appreciated for its screenplay, Kangana’s acting and the music by Pritam.

Shiney Ahuja is married to Anupam Ahuja. They have a daughter named Arshiya, born in 2007.

Case against Shiney Ahuja

On 15th June 2009, the Oshiwara police on Sunday evening detained Bollywood actor Shiney Ahuja for questioning in connection with a rape case. Ahuja’s teenaged domestic maid lodged an FIR against the actor alleging that he had raped her while they were alone at the actor’s flat.

The 18-year-old maid (name withheld), said police sources, had been working with Ahuja for the last one-and-a-half months since she made the complaint. The complainant told the police that she had come for domestic work to Ahuja’s flat. The actor’s wife was not at home. She claimed that at that time the actor had molested her. The complainant told the police that she was traumatised after the incident and went to her relatives’ place who along with the girl then approached the police station. This was stated by the DCP Niket Kaushik.

Soon after the complaint was registered, the girl was sent to the Nagpada police hospital for a medical examination. A preliminary medical check-up hours after the alleged rape showed she had been sexually violated.  A detailed medical report from Nagpada Hospital showed injuries.  And a  DNA test confirmed the accusation. A police team went to Ahuja’s flat and called him for inquiry.

While he initially maintained that whatever had happened was consensual, Shiney Ahuja finally confessed to committing the horrendous act of raping his 18-year-old domestic help. The actor completely broke down after the medical reports confirmed that the maid has been raped; seeing no way out he then confessed to his crime.

He said that he told her to stay mum. He was confident that she would tell none of the incident and he was ready to give her whatever she wanted to make sure that she would keep quiet. He claimed that he had made a grave mistake.

In custody, Shiney was said to be in a remorseful state. Shockingly, Ahuja during the interrogation reportedly told police that it never occurred to him that the crime he was committing was “so much serious”.

His wife Anupam claimed that her husband was being framed as she came out in his defence yesterday.

The actor spent three months in jail and was granted bail in October 2009. Throughout the case, there have also been rumours that Shiney has been framed and was a victim of blackmail himself.

September 2010

But in a shocking turn-around, the woman who worked as domestic help for actor Shiney Ahuja has denied in court that the actor raped her. The 18-year-old says her aunt bullied her into accusing Ahuja of rape in June, 2009.   The domestic help has told the court that she lodged the police complaint against Shiney after the woman who got her the job with the Ahujas asked her to do so.

The police say that the domestic help’s latest statement contradicts what investigations have revealed. A preliminary medical check-up hours after the alleged rape showed she had been sexually violated.

The public prosecutor says that the domestic help has been declared a hostile witness, and the trial will continue. Medical reports and the statements of other witnesses will serve as evidence.

Ahuja’s wife has argued consistently that the actor has been framed and that the rape case was an extortion attempt.

Following media reports about the complainant who accused actor Shiney Ahuja of raping her turning hostile, lawyers say she is liable to be prosecuted for perjury. The victim has made a statement before the magistrate under section 164 of the Criminal Procedure Code (CrPC), which is admissible in court unless proven involuntary.

The trial is being conducted in-camera before the Sewri fast track court.  In-camera trial refers to a case where the court bars the media from reporting about the case as per section 327 of the CrPC, applicable in sensitive cases like rape.

Advocate Majeed Memon said that the victim’s statement under oath has been recorded under section 164 of the CrPC at the investigation stage. That would mean two versions on oath from the same witness diagonally opposite. Both can never be true. One is bound to be false. Hence, she is liable for prosecution under perjury.

Police officers, however, claim that their case against Ahuja is watertight, despite the complainant’s alleged retraction from her earlier statement. Deputy Commissioner of police (zone IX) KMM Prasanna said the victim’s statement was recorded under section 164 of the CrPC, along with at least four other witnesses.

The witnesses then reportedly encouraged her to lodge a complaint with the police.

Lawyers, however, are cynical.  Memon said the victim’s deposition before the court will hold more weight than the one before the magistrate.

The maid’s volte-face came during trial last month when the ‘victim’ who was being cross-examined for a day identified Ahuja in the court and said she worked at his residence as a domestic help. But when asked about the incident, she said it never happened and that she was never raped.

However, the prosecution is confident that this will not be a major setback given the strong medical evidence supporting her initial allegations. Ahuja’s defence, too, asserted it was unlikely that the case would end based solely on the maid’s statement. Even legal experts are of the opinion that the prosecution can move forward with the case by providing other evidence.

After the victim’s cross-examination, Ahuja’s neighbour who accompanied the maid to lodge a police complaint gave a testimony in court. The prosecution will now continue presenting other evidence.

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