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Shiney will stay out of city if granted bail: Lawyer

Actor Shiney Ahuja’s lawyer on Tuesday said that his client was willing to stay out of Mumbai if the court gave him bail. A sessions court is expected to decide Ahuija’s bail plea on Wednesday.

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Actor Shiney Ahuja’s lawyer on Tuesday said that his client was willing to stay out of Mumbai if the court gave him bail. A sessions court is expected to decide Ahuija’s bail plea on Wednesday.

Ahuja was arrested on June 14 for allegedly raping his maid in his Oshiwara flat. Arguing on behalf of Ahuja, lawyer Shrikant Shivde said his client was willing to abide by any condition set by the court if granted bail. “He is ready to stay in Delhi till the chargesheet is filed. He won’t enter Mumbai and will report to the police in Delhi,” Shivde said.

Relying heavily on a Bombay High Court order that granted bail to Abhishek Kasliwal, who too is an accused in a rape case, Shivde said Ahuja could not be made to stay in detention as a punishment for an offence that is yet to be tried by court. The medical reports of the victim did not show any external injuries and a tear of the hymen is not conclusive proof of sexual intercourse. He said even if it was presumed that there was intercourse, ‘certain circumstances suggested consensual sex’. And consensual sex could leave injury marks depending on the extent of passion. He questioned why the victim had not run out of the house after the incident. “She belongs to an aggressive community. She is not meek. But she stayed in the house with the accused.”

Public prosecutor RV Kini opposed the bail saying investigation was incomplete. During medical examination the victim was in great pain; so this could not be a case of consensual sex, he said. “The victim was 38kg and the accused (Ahuja) 76kg. So she could not resist the attack.”
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