Rape accused weds victim under police protection

By S Ahmed Ali/TNN

May 5,2005.
Mumbai: This could be a scene straight out of a skewed Bollywood flick—the accused in a rape case ends up marrying the victim.
    On Monday, sessions court judge V C Singh acquitted Firoz Muneer Shaikh, the 25-year-old accused in a 2003 rape case. Says public prosecutor Hitendra Dedia, “The trial started last week and the victim was deposing. During her cross-examination on Saturday by the defence lawyer she said that since the accused had refused to marry her she had lodged the complaint of rape with the police. She also said that he had had a love affair with her and she wanted to marry him.’’ At this point the court asked her whether she still loved him. She said “Yes’’. The judge then posed the same question to the accused. He too replied in the affirmative.
    The judge asked both whether they were willing to marry each other. Both said yes. At the time of the alleged rape she was 17 years old, legally a minor.
    Under the law, even when a minor gives her consent for sexual intercourse, it amounts to rape and the offence is punishable by up to ten years rigorous imprisonment. Shaikh was arrested on November 1, 2003, when the complaint was lodged. He has since been in police custody.
    Friends and family members of both were also consulted, and gave their consent. After their marriage, the judge passed an order of acquittal.
    The judge even ordered that police escorts be provided for the marriage ceremony to ensure that the accused did not run away. The wedding took place at Mohammed Ali Road on Monday.
    The case dates back to August 2003 when Shabnam, a native of Aurangabad, had come to stay with her elder sister, Shamshaad (name changed), at her residence at Kajupada at Chakala in Andheri. It was here that Shaikh, who was a factory employee, got to know her.
    After gaining her confidence by telling her he would marry her, he had intercourse with her. Shaikh also offered her Rs 700. But later, when he refused to make good his promise, she lodged a complaint—after twoand-a-half months, on November 1, 2003—with the Andheri police.
    According to the police, this is Shabnam’s second rape case. An earlier case pertains to her gang-rape by four men in Andheri in 2002 and is still to be committed to the sessions court.