A visibly shaken Shiney Ahuja gets seven years for raping his maid despite her ‘admitting’ the charges were false.

News reporting continues to be sympathetic to the rapist.

As the judges read out the sentence, a visibly shaken Shiney Ahuja broke down in the court.

“…Ahuja’s maid had told the court that the actor never raped her. She admitted slapping false charged on the actor…

The maid ‘admitted‘? What does ‘admitted ‘ mean?
Confess, own up, come clean, acknowledge, disclose, divulge. Is that what she did?
“The court, however, decided that she had turned a hostile witness.”

No mention in this report of why the court decided this.

The same tone continues in the following report.where the judge ‘felt’ the victim had given false evidence? No mention of abrasions on his forearm or the forensic reports that made the judge ‘feel’ this way?
The ‘judge found/decided/came to the conclusion” would have been more accurate?

The court has also not accepted the maid’s evidence in the court that she was not raped as the judge felt that she had given false evidence.
Clad in pink shirt and jeans, 38 year old Shiney Ahuja was accompanied by his wife Anupam in the court when the judgment was delivered.
According to the policemen there were tears in his eyes when the judge pronounced the order…

His wife accompanied him. Would she do that if he was a rapist? Could he be an innocent family man with ‘tears in his eyes’?

While convicting the accused, Judge P M Chouhan relied mainly upon the FIR in the case, Shiney’s lawyer Srikant Shivade told reporters who were not allowed in the court as the trial was in-camera.

Did the judge mainly rely upon the FIR?

The Hindustan Times explained it wasn’t just the FIR or how the judge ‘felt’ that led to the conviction,

…the domestic help had turned hostile. But the medical report and DNA finger printing report suggested otherwise.
Both reports suggested an intercourse between the domestic help and Ahuja.
‘The court had primarily taken into consideration the DNA finger printing and medical reports which tested positive,’ said public prosecuter Kashinath Digge
.”

Indian Express report was also unbiased,

“The accused’s conduct, the medical report which supported the prosecution’s claim that the girl suffered a hymen tear, and the DNA evidence were strongly relied upon. The accused is found guilty under Section 376 (rape) of the Indian Penal Code

The victim’s complaint was supported by the medical evidence collected from the spot. “There were bloodstains in Ahuja’s room. The quilt and curtains showed traces of semen. Ahuja’s hands had abrasions,” said Public Prosecutor K V Dighe.

Shouldn’t this have been mentioned instead of describing his tearful eyes?

Note: Writing this post from an IPhone I am not used to, will link the reports and spell check as soon as possible. also this post is a continuation of the discussion in the last post.

Advertisements

49 thoughts on “A visibly shaken Shiney Ahuja gets seven years for raping his maid despite her ‘admitting’ the charges were false.

  1. We are a society that makes ‘God’ out of men. And ‘martyrs’ out of rapists. You are very right when you say they should have focussed on the crime that he committed, rather than the tears (of self-pity, if I’m guessing right!!) in his eyes. I am glad to hear the sentence though. I think it might be a deterrent. May be!

    Like

  2. I have a feeling that it was blackmail … you know, he must have had this cosy little thing going with the maid, and she must have got greedy in her demands. He refused and then she went out shouting rape. That said and done, the media is definitely slanted heavily in favour of Shiney. That is a stark contrast to the way they are treating the Talwar couple, wonder why?

    Like

  3. Awww….poor handsome Shiney…here have a hanky, are you feeling sad now. Oh and let’s not forget the devoted wife.

    Who’s the victim here? Has anyone seen tears in the maid’s eyes? Oh no, she’s hostile. What a word. an aggressive rapist, and his victim is hostile. Right.

    Me – It’s so true that the media is finding it difficult to understand how a well known middle class man could be punished for something an illiterate, maid servant complained tot he police about. In the beginning of the Jessica murder case, I heard people object on grounds of that not being the only case of it’s kind, that such things happen and the culprits do generally get away with their crimes.

    Like

  4. They did publish, I mean the moment the news came up and the major news items I checked mentioned of the DNA tests & Medical Reports with circumstantial evidence as the basis of judgement.

    Like

    • Prats they did publish, but they don’t condemn him for the crime, they are all describing what he wore and how he cried – making him more human to the readers. Why do we need to hear that he was in tears and that she had once ‘admitted’ (it should be ‘once backtracked’) she pressed false charges’? We saw victims turning hostile after the Jessica murder case, so it’s not something that we don’t understand. She could have been threatened or bribed – must have had pressure from family and community.
      There is not a word of how rape traumatises a victim!
      And she was just eighteen. Is she able to find work after that? Did her parents immediately marry her off, hiding the fact of her ‘stigma’?

      Like

      • They did when the news first broke out…. They presented the information and it’s for us to hate who want to and form an opinion about it. I think they never mentioned her name or photograph, so going back I don’t people will generally ask maids that if they were raped before. So unemployment is something I don’t see a concern with.

        And honestly speaking if you expect the news paper headlines to be as gory as your blog, they have subscriptions & numbers to maintain. Honestly speaking if there are regular gory news which I am exposed to first thing in the morning I don’t think so I will subscribe to it anymore.

        Regarding the backtracking of statements is something I am a bit skeptical about I feel the money is being involved.

        Like

  5. Well you are right .. but then we should know our own ways how our country works ..
    Money talks

    But i am glad he got some punishment, even after the maid took her statement back.. at least the police continued .. so good work by them

    I think this actor did confess to concentual sex, I am very sure he committed the crime and he has been punished … Tears or no tears …

    Like

  6. Welcome to the world of iphones! You’ve done a good job typing – I still have trouble typing short SMSs…

    I guess most people have a problem believing that a famous man (???) or a man from a privileged background can rape a woman from an unprivileged one (what could the attraction be?)…They forget that rape is not about sex but about power…

    Like

  7. There are many actors who are saying that he is paying the price of being an actor! They further say that there are many rapists, terrorists & bigger criminals who are walking free & have not been convicted. They feel Shiney is popular thats why he has been put up as an example.

    I say Bah! to all these so called supporters! If the justice is happening then lets applaud it! However We must not forget that Shiney had confessed to having consensual sex and that’s why what Ritu says is very true! This most probably was a case of blackmail! I wonder what is his wife made of to support him!

    Like

  8. Exactly, IHM. Exactly!

    This is the whole bloody problem with the media. Why can’t they stick to reporting FACTS. Or at least make that the priority. What is the pressing need to provide an emotional account of this twat’s self-pity? Why do we need to listen to how sad poor Shiney is about justice finally catching up with him? And if they want to give us a human angle, then where are the blow-by-blow accounts of the countless tears the poor woman has shed? The tears of shame and humiliation, while this oxygen thief had his way with her, while he violated her in the worst possible way. What about those tears?

    You deserve every minute of every day of that jail sentence, Shiney. Cry me a river!

    Like

  9. I am not able to digest that he got just 7 years’ imprisonment. The girl will be banned from her society for life. Their community don’t treat this as normal/accident and forget about it. He will come out soon and start acting again. Stars might stand at the gates of the prison and welcome him (poor innocent man!) back, like they did to Sanjay Dutt who was accused of terrorism!

    What you said is right, IHM…these reporters are very much bothered about the tears in the ‘actor’s eyes’ than about the girl’s situation. They are ready to ignore medical reports too.

    Like

  10. They even showed reactions of Bollywood ‘stars’ on the judgement. Salman, Mahesh etc are ‘shocked’ at the court’s judgement and have lost faith in the judiciary system it seems. What the hell? Women are always the Scapegoats here, including Shiney’s wife.

    Like

    • Here, I found Salman Khan kind of did not really comment, but the journalists were very concerned about the seven years, and about the maid having retracted her statement and Shiney having supported her sister’s marriages.
      What kind of reporting is this?

      Like

      • This is pretty ridiculous. Never mind Salman Khan’s saying “seven years is a long time.” It IS a long time, and rape is a pretty serious crime. So no surprise there.

        What I would like to hear him say is “Well, the court is not stupid right? There must have been some reason why it sentenced him to jail”

        Use your brains man! I’m thinking of quite a few funny remarks here but will refrain from doing so (remarks involving muscles and brains and inversely proportional mathematical equations)

        Like

  11. Of course. They’ve lost faith that the judiciary will protect them every time they literally screw up. What kind of legal system prosecutes rich and powerful men for raping a lowly WOMAN? It’s a shame, isn’t it? /sarcasm

    Like

  12. This is the way the judicial system is supposed to work. Just go by evidence and nothing else. What is worrying to me is the way some women are pressurized to “forgive” the rapist – and we have some examples where the court has accepted the “forgiveness” and let the guy go free!

    I think one way to combat the “it’s not a crime – the woman won’t report it” attitude is to enforce the realization that rape is a crime against the state as well – so even if the woman “forgives” the rapist it doesn’t matter two hoots. A crime has been committed and must be paid for. Nothing else to discuss.

    Like

  13. I completely agree with you, IHM! There was an earlier report that questioned the maid’s character, too…
    Here: http://indiatoday.intoday.in/site/Story/64105/latest-headlines/%27Not+a+saint,+but+not+a+rapist+either%27,+argues+Shiney%27s+lawyer.html

    She was habituated to this (intercourse),” he alleged, saying that “she had history of closeness to men”.

    SHE HAD A *HISTORY* of closeness to men! The nerve!

    Even if I ignore the hymen tear, and assume she did have a “history with closeness to men”, how does that entitle ANY mofo to rape her? As if any woman who’s been with a man – ANY man – is fair game for all the other men around.

    Like

  14. I wonder where the victim is in all this media frenzy.
    Rape or consensual sex, what disgusted me the most about this case was the series of article by the media on “how men are attracted to their maids & how wives should be careful.” Are maids not women first? How come other rape victims dont get their professions as focus points!We are racists & classists beyond repair. Infact, someone I know said, “Arre why the maid!”
    On this particular report, can the media please explain what “pink shirt & jeans” had to do with the case?And does tears in his eyes, absolve him of his guilt? Even Hillary supported Bill, but he was still guilty.
    My heart goes out to the victim, so much sympathy for the rapist. Is it because we as a nation are bewitched by Bollywood?
    And as we speak Aruna Shaunbag’s killer is roaming somewhere free. He got just just 7 years and she suffers for over 2 decades.

    Like

    • Shanbaug’s rapist died of HIV some years ago, but yes, he did not have any problems getting another job in a hospital.
      The assumption in the case of Shiney’s case of the maid’s character is because of two things – one the class difference and two the general funda of blaming the victim that our culture revels in (she must have invited it). What people find difficult to digest is that the ‘lowly’ girl not only reacted quickly but also went ahead and pressed charges fearlessly on a known figure.
      Some of the details like the pink shirt etc are just atmospheric details that are mentioned in every kind of report, this is not done for sympathy but is an old practice journalists follow since the old days when there were no photographs, its just a writing technique.
      And for those arguing that there could have been a previous relationship or foreplay or whatever, I would like to remind you of the fact that even if a woman has a long standing relationship with someone, like even a marital relationship, even then if the man forces intercourse on her, it is rape. If a guy asks and the girl refuses, any force after that is unwelcome. Rape is not about sex or robbing someone of their virginity, rape is about violating someone’s right to their own body and hence only a victim can define what rape is to her (though for the sake of uniformity in law, we have various forensic details), none of us can decide how much overstepping of their boundaries should someone else accept.

      Like

  15. The sympathetic reporting may have to do with the fact that Shiney is a public figure with the image of a clean,quiet,intense good guy with a wronged-by-the world air about him. Moreover,he never tried to deny that he had sex with the victim, he only said that it was consensual. He might have been foolishly complacent, but the fact is that he did not try to tamper with the evidence. Evidence,such as it is, is also shaky. Scratch marks prove nothing.Ditto for the torn hymen and traces of blood on the sheets–even a virgin can give consent. And he never resorted to the tried and tested defense tactic of casting aspersions on the victim’s character. All in all, he conducted himself with as much dignity as he could under the circumstances.

    Domestic workers , on the other hand , are stereotyped as manipulative and greedy. Like all stereotypes, it does have a grain of truth in it, just enough of it to keep it going. In this particular case , the victim didn’t quite cover herself in glory by retracting her statement, which seemed to suggest that she had been ‘bought out’ or worse, had been pressing false charges all along.

    I think the judges must have had their reasons to convict Shiney. They might have been privy to other evidence which might not have been made public. The press must keep this in mind when reporting on cases like this .

    Like

  16. Even here we try to get some benefit of doubt to the rapist? @Nish, even if there was foreplay before, rape is rape! Even in a cozy affair, rape is possible. Not that there is any evidence of that except from our imagination.

    Like

  17. it could also be possible that they had consensual sex then later she tried to black mail her.. i think there wasnt any evidence that points that she was forcefully raped..

    Like

  18. We do not have an inquisitorial system of law and benefit of doubt must be given to a rape accused as well in exceptional cases like this one. He was a celebrity for God’s sake and could have done much better than a maid. This is a pure case of blackmail after consensual sex and any prudent person can understand that.

    I genuinely pity the people who wanted to incriminate a person who was most probably, seduced and then blackmailed by his maid, for they lack common sense and have no sense of justice.

    Shiney’s act might be immoral but is not illegal and does not deserve punishment.

    Like

    • “He was a celebrity for God’s sake and could have done much better than a maid.”

      I have directly heard of two cases where a rich, powerful person raped a maid.

      One, through a lawyer friend whom a middle-aged man and his son approached to defend the man. The son spoke for the father, saying that “Kama Devta” overpowered the father and “rape happened”. The maid was known to be having an affair with the driver so the case was defensible.

      Two, in my colleague’s building society in Dwarka, Delhi. A 20-year old who lived with his parents raped the maid. The action taken: the building society reprimanded the son, the parents were advised to keep him in control, and the maid was asked to leave. As far as I know, she did not lodge a police complaint.

      In both cases, the men could have done “much better than a maid”. They did not. Would the rapists have been so confident of going scot-free, as they no doubt did, had the raped woman been someone as rich and powerful as them?

      Like

    • The fact that he was a celebrity does not preclude him from wanting to have sex with the maid, or to force sex upon her. Hugh Grant was in a relationship with Elizabeth Hurley, considered at the time to be one of the most beautiful women in the world, when he was arrested with (quite unattractive according to me) prostitute.

      If Shiney was not a celebrity, and just a middle-class clerk or a construction worker, would you be saying the same thing. Would the media be covering the case like this?

      Like

  19. I see two people rated my comment down. I’m sorry if I sound anti-feminist.

    I was just trying to reason out keeping in mind the facts of the case. I am subscribed to this blog and I regularly follow it and being a law student, I felt the urge to comment.

    None of us is fully aware about what really happened in that flat and I genuinely believe that the rule of probability says that shiney might just have been framed. Nonetheless, the court’s verdict should respected at all costs. 🙂

    Like

  20. Someone said ‘saat saal mile naukarani ke wajah se’ ‘ like it is a long time for a crime as heinous as rape. Like somehow it was the maid’s fault for complaining? Like raping the maid is ok?

    I am shocked it’s only 7! What is wrong with people?

    Like

  21. When the maid retracted her statement, I knew something was off. A lot of rape and child sexual abuse victims retract their statement to avoid the conflict and trauma that comes along with pressing charges.

    I’m glad there was evidence to support her initial claims, but 7 years isn’t enough..I agree.

    Like

  22. Pingback: Slut Walk: Would women be in some ways empowered if they saw no shame in what they could risk being called? « The Life and Times of an Indian Homemaker

  23. Pingback: Why was this radio cabbie, a rapist, not afraid of being arrested? | The Life and Times of an Indian Homemaker

  24. I think he is the biggest loser yet to arrive into bollywood and it amazes me that the entertainment industry allowed him to come back with Ghost.
    He is a Ghost but the movie should have been called rapist and Ghost for him to act on it. His wife also needs a life and should know that life could be a lot better without him.

    Hope his mother was someones maid and got raped as well.. Please throw this loser out of Bollywood and send him back to serve the seven years that he was meant to,

    Me – But why do you think his mother should have been raped? We don’t know if she did something wrong. Instead I think Shiney should be dealt with firmly, that would set a good example. His mother being raped as a maid, would mean maids/ any women should continue to get raped for some reason or another.

    Like

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s