Civil Procedure Code (CPC)

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(Guest)

This had to happen in India...

https://in.movies.yahoo.com/news/shiney-ahuja-gets-bail-bombay-high-court-075240910.html


Shiney Ahuja gets bail from Bombay High Court



Mumbai, April 27 (IANS) The Bombay High Court Wednesday granted bail to Bollywood actor Shiney Ahuja, who is convicted of raping his maid.

A Mumbai sessions court had on March 30 sentenced the actor to seven years in jail after he was found guilty of raping his maid in June 2009.

'Shiney has been granted bail today on a cash bond of Rs.50,000,' said Ahuja's lawyer Shrikant Shivade.

The court has, however, restricted Ahuja's travel outside India without permission. Ahuja will also have to present himself to investigating agencies whenever required.

In his appeal to the Bombay High Court, Ahuja had claimed that he had been falsely implicated in the case.

Ahuja was arrested on June 15, 2009, after preliminary medical tests on the girl confirmed s*xual assault. He was charged under the Indian Penal Code (IPC) Section 376 with rape, along with wrongful restraint and intimidation.

The Bombay High Court had granted him bail in October 2009.

More than a year after accusing Ahuja of rape, the domestic help in September 2010 told the court that the rape never took place. The medical examination in June 2009, however, confirmed rape.



 7 Replies

Sameer (Buisness)     30 April 2011

this always happens in india and is going to happen everyday with everyone, this epedemic is now on spread all over india.

Sameer.

Om Prakash Dhusia (HR assistant)     30 April 2011

Please readers either you are disappointed or raged on such rights of an convict/accused, unless and until all the avenues provided by the law have been exhausted,one has the option/right to appeal against the judgement upto the Apex Court and that not only happens in our country but throughout the globe.Have a heart please. One if proves his innocence in the court of law then he is INNOCENT. Be it Shiney Ahuja or anyone.


(Guest)
Originally posted by :Om Prakash Dhusia
"
Have a heart please. One if proves his innocence in the court of law then he is INNOCENT. Be it Shiney Ahuja or anyone.
"

 

 

I dont understand what you mean here Mr. Dhusia.

 

This news clearly states that rape was PROVEN.Yet he got the bail.So how is he innocent?

 

You may also check the below link,from where I picked up this news,and read the readers' comments there,who are also saying the same thing which I have said.

 

Regards,

 

Meenal


(Guest)

https://in.movies.yahoo.com/news/shiney-ahuja-gets-bail-bombay-high-court-075240910.html


Om Prakash Dhusia (HR assistant)     30 April 2011

Dear Ms.Meenal Bahadur:

We or rather I would say every nation in the world follow three tier system of imparting justice.

In our home land  India we have  the following :-

1) Sub-ordinate courts upto the level of Session/District Courts at District level.

2) Honorable High Court of respective states.

3) The Apex Court or the Supreme court of India at New Delhi.

Since you have been talking exclusively about Shiney Ahuja on conviction by the session court so it is a established fact that when any conviction and sentence is challenged in the Higher Courts then an accused/convict sentence is kept in abeyance and operative part of the judgement is stayed and he has every right to persue his normal life and can not be confined to the four walls except some restriction imposed by the trial court, while the bail bonds are accepted to assure accused/convict's presence during appeal or to stop him from exit from India.Since operative part of the judgement is stayed during pendency of appeal so an accused/convict is deemed INNOCENT.

If on appeal found INNOCENT by the Honorable higher courts as mentioned above he has the right to claim PERJURY against the respective Prosecution Witnesses.

It is also the hard truth that many a times our courts are so heavily burdened with the cases that many times they overlook certain facts and since a judge can not be taken to task with so they care damn about and simply convict any accused on their whims and fantacy.

This is the judicial system which India is following with.We may agree or not but if there is no any amendment to our liking, we as citizens have to abide by the present system.

Correct me if I am wrong.

For a metter of fact Shiney Ahuja is nowhere related to me except being an Indian citizen.

Regards.

Om Prakash Dhusia (HR assistant)     30 April 2011

Ms.Meenal, kindly ignore the spelling mistake of MATTER which I typed as METTER.

Thanx.

Om Prakash Dhusia (HR assistant)     30 April 2011

Ms.Meenal Bahadur, always pray God that we never get involved with the law in India.Believe me millions of citizens have been languashing in Indian jails since they have no means to fight for justice.Kindly remember I used the word FIGHT FOR JUSTICE because justice is not imparted/delivered rather one has to fight it out as if we are in some battle field.

Let us talk exclusively of Shiney Ahuja's case, don't forget that his maid has retracted her statement for the rape and even stated in the court that she was tutored by her fellow maid to give a flase evidence and as for the forensic report of Rape, everything can be manipulated on the behest of powerfuls.

And besides that since media has become hyper active now-a-days so if they decide to prove anything against any famous figure to raise their TRP they have every means to part with and later-on forget it all about, so please don't pre-judge or jump to any conclusion.

May I ask you a single question?If any accused was found guilty by the sub-ordinate court then how it is possible that the same accused is found innocent during appeal to higher courts and this is not I am quoting about any single case but 70 to 80 % cases turn so because trial courts are manipulative and most of the time biased whereas higher courts decide only on merits of the case and purely on the application of laws.

Judges are immune to any corrective action and not answerable to their wrondoings and none of the fellow judge in the higher courts pass any stirctures against a fellow judge and there are a very few judges like judge Katju.

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