Additional sessions judge Amit M Shete acquitted the man, a native of Uttar Pradesh, of charges under sections 376 (rape) and 506 (criminal intimidation) of the Indian Penal Code
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A court in Maharashtra's Thane district has acquitted a 36-year-old man accused of raping and threatening a woman, citing that she had failed to support her version of events, reported news agency PTI.
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Additional sessions judge Amit M Shete acquitted the man, a native of Uttar Pradesh, of charges under sections 376 (rape) and 506 (criminal intimidation) of the Indian Penal Code, reported PTI.
A copy of the order dated February 7 was made available on Monday.
The prosecution alleged that the accused, who is the victim's relative, raped her at her residence in Mira Road in May 2017 and reportedly threatened to release objectionable material, reported PTI.
The accused allegedly raped the woman on multiple occasions between June 6 and June 26, 2017. A police complaint was subsequently lodged.
Judge Shete noted that the victim had failed to support her own version and emphasised that according to her medical report, there was "no evidence of any injury over the body," reported PTI.
The absence of injuries, as the court observed, was "suggestive of consensual intercourse with the accused," the court said, reported PTI.
The court also took into account that the alleged accused had later married the victim.
Thane court discharges man in 2008 kidnapping, rape case
A court in Maharashtra's Thane district court discharged a man in a 17-year-old kidnapping and rape case, citing delays and changed circumstances as he had married the victim, reported PTI.
The sessions court discharged Siddhik Sirajul Raheman Shaikh (39) in a case registered against him in 2008 under sections 366-A (kidnapping) and 376 (rape) of the Indian Penal Code, reported PTI.
A copy of the order passed on February 13 was made available on Sunday.
The prosecution alleged that on January 25, 2008, the victim, who was 16 at the time, failed to return home from college. Her father subsequently lodged a missing report, and a probe revealed that she was in a relationship with the accused, who lived in their neighbourhood in Kalwa.
The accused had travelled to his hometown in West Bengal with the girl, where they reportedly got married.
Additional sessions judge Amit M Shete noted that considerable time had passed, and the circumstances surrounding the case had significantly changed, reported PTI.
The court stated that even if the charge of rape had sufficient material for conviction, the victim would be the one to suffer the most, as her husband would be imprisoned.
"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 proper," the court said, reported PTI.
The judge further pointed out that the victim, witnesses and accused were untraceable for a considerable period, and therefore, after following due procedure, the present trial was on a dormant stage, and there was no possibility of securing their presence in future.
The court, accordingly, discharged Shaikh from all charges levelled against him.
(With inputs from PTI)
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