Man with mental illness acquitted in knife attack on mother; court orders his treatment

Thane, Nov 21 (PTI) A court in Maharashtra’s Thane has acquitted a man who attacked his mother with a knife, noting that he has mental health issues, and directed his treatment.

In the acquittal order on Thursday, Principal District and Sessions Judge S B Agrawal also pulled up the police for arresting the cognitively challenged man.

According to court papers, Mohammad Rafiq Shahabuddin Shaikh (55) attacked his mother, Jahinabi Shahabuddin Shaikh (80), with a knife at their home in Thane district in October 2019. He locked his parents, and allegedly disposed of the weapon and his blood-stained clothes.

The police arrested Shaikh for attempted murder, wrongful confinement and destruction of evidence. He was represented by advocate Sagar Kolhe.

It is clear that the accused was not of “sound mental condition”, said the judge, noting that Shaikh has a history of mental health issues since he was in Class 12.

Judge Agrawal said Shaikh’s conviction in a murder case was set aside by the Bombay High Court under Section 84 of the Indian Penal Code and slammed the police “failing to act on the obvious defence”.

As per Section 84 of the IPC, an act is not an offence if it is committed by a person with an unsound mind.

The court also ordered Shaikh’s post-acquittal examination at Thane mental hospital and subsequent treatment. PTI COR NR