Shiney moved the high court after he was sentenced to seven years' rigorous imprisonment by a fast-track sessions court in March 2011 here for raping his domestic maid in 2009 despite the victim turning hostile during the trial.
He was granted bail by the high court in October and asked not to enter Mumbai without the court's permission.
In a petition, Shiney contended that the investigation by the police was "one-sided and biased" and the investigating officer did not feel the need to examine the call data records (CDR) and CCTV evidence that supported his case since it would have been a drawback for the prosecution.
"The trial court too failed to direct the Investigating Officer to produce the CDR and CCTV evidence which would have brought out the truth to the world that no rape had been committed," Shiney stated.
The actor said he has made a conscious decision to clear himself from the baseless charges before going back to his profession and that he "continues to be unemployed".
The 38-year-old said he has to look after his old and ailing parents, wife and five-year-old daughter and that "the pendency of a frivolous conviction is tormenting" him and his his family.
Shiney contended that as of now, appeals of 2000 were being heard while his appeal pertained to 2011. Therefore, there was no chance of it being heard in some years to come, he said.
Shiney said he was framed in a "frivolous" case and the worst possible damage had been done to him and his family. He said he was suffering "individually, psychologically, emotionally and socially and professionally" because of the case.
The matter was today listed before Justice A M Thipsay and it is likely to come up for hearing this week.
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