A sessions court in Thane has discharged a man accused in a 2008 kidnapping and rape case, citing a prolonged delay in trial and changed circumstances, as the accused is now married to the victim.
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A sessions court in Maharashtra’s Thane district has discharged a man accused in a 17-year-old case of kidnapping and rape, citing the prolonged delay in trial and the changed circumstances, as the accused had since married the victim.
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According to PTI, the court discharged Siddhik Sirajul Raheman Shaikh (39) in connection with a case registered against him in 2008 under sections 366-A (kidnapping) and 376 (rape) of the Indian Penal Code.
The order, issued on February 13, was made available on Sunday.
As per PTI reports, the prosecution alleged that on 25th January 2008, the victim, who was 16 years old at the time, failed to return home from college, prompting her father to lodge a missing person’s complaint.
Subsequent investigations revealed that the girl was in a relationship with the accused, who resided in the same locality in Kalwa.
Further enquiries established that Shaikh had travelled with the girl to his hometown in West Bengal, where they reportedly got married.
Additional Sessions Judge Amit M Shete, while delivering the order, observed that a considerable period had elapsed since the alleged offence and that the circumstances surrounding the case had undergone significant change.
The court noted that even if sufficient material existed to convict the accused for rape, it would ultimately be the victim who would suffer the most, as she was now legally married to him.
“The victim and accused have performed ‘nikah’ and are living as husband and wife. At this belated stage, prosecuting the accused for the serious offence of rape would not be appropriate,” the judge remarked.
According to PTI, the court also highlighted that the victim, the witnesses, and the accused had remained untraceable for a considerable duration, which had rendered the trial dormant.
Given the unlikelihood of securing their presence in the future, the court ruled that further prosecution would not serve the ends of justice.
Considering these factors, the court discharged Shaikh from all charges levelled against him, effectively closing the case.
(With inputs from PTI)
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