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The Allahabad High Court recently upheld the discharge order passed by Special Judge (D.A.A.), Etah in 2001 in favor of BJP Member of Parliament Sakshi Maharaj in connection with a rape and kidnapping case. 

The bench of Justice Shamim Ahmed was dealing with a criminal revision plea filed by the State Government of Uttar Pradesh. Court dismissed the same stating, "there appears no illegality or infirmity in the impugned order dated 26.11.2001 passed by the trial court."

"The learned trial court has further recorded finding that from the perusal of record there is no evidence of allegation of kidnapping, loot or rape against the accused persons, consequently the accused persons were discharged from the allegations made against them by the trial court and a reasoned and speaking order was passed after considering the material on record," Court noted. 

Court also stressed that the trial court further found that regarding allegation of assault and rape made by the informant allegedly committed by the accused persons, the informant has not produced any medical evidence.

"The witnesses of the alleged kidnapping, who were produced by the police as eye witnesses, have not named the accused opposite parties. There was no identification parade of the accused persons, nor any allegation was made specifically against the opposite party No. 1-Swami Sachichidanand Har Sakchhi," Court said.

According to the First Information Report in the case, in the year 2000, Swami Sacchidanand Har Sakcchi @Sakshi Maharaj kidnapped the informant from a medical clinic and along with his associates and bodyguards committed rape upon her in Udaitpur Ashram. The informant had also alleged that Maharaj's other associates also raped her and it continued for nine days. Many other allegations were also leveled against the accused persons of obtaining a signature on the agreement etc.

After due investigation, the police submitted the charge sheet against all accused persons under Sections 149, 366, 342, 392, 376, 506 I.P.C.

Thereafter, the accused persons including Sakshi Maharaj moved an application before the trial court praying that they may be discharged from the charge framed against them. The trial court, on the aforesaid application, after hearing D.G.C.(Criminal) and the counsel for the accused, discharged them via order dated November 26, 2001, which was under challenge before the high court. 

Case Title: State of U.P. v. Swami Sachichidanand Har Sakchhi And Others