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Shiv Lal v. State Of Rajasthan And Ors

Shiv Lal v. State Of Rajasthan And Ors

(High Court Of Rajasthan, Jodhpur Bench)

S.B. Criminal Miscellaneous Bail Application No. 13643/2022 | 05-07-2023

Kuldeep Mathur, J.

1. This application for bail under Section 439 Cr.P.C. has been filed by the petitioner who has been arrested in connection with F.I.R. No.56/2020 registered at Police Station Mahila, Barmer for offences under Sections 384, 376(2)(n) and 305 IPC and Section 5/6 of the POCSO Act.

2. Heard learned counsel for the petitioner, learned Public Prosecutor and learned counsel representing the complainant. Perused the material available on record.

3. As per prosecution case, deceased Mamta on 19.03.2022, committed suicide by jumping into a water tank. As per prosecution, deceased was sexually assaulted by the petitioner and her obscene photographs were also snapped by the petitioner. The deceased being perturbed by the wrong doings and abusive behaviour of the present petitioner, leaving her with no option except to commit suicide.

4. Learned counsel for the petitioner submitted that the petitioner has been falsely implicated in the present case. Learned counsel further submitted that there exists no evidence indicating that the deceased was meted with continuous harassment or by any action of the petitioner, the deceased can be said to have been led or compelled to commit suicide. Learned counsel for the petitioner submitted that after framing of charge against the petitioner, learned trial court had proceeded to record statements of seven principal prosecution witnesses including the father, mother and brother of the deceased. Learned counsel submitted that from perusal of the statements of aforesaid prosecution witnesses, it is evident that except for hearsay evidence regarding commission of sexual assault upon deceased by petitioner, there is nothing on record with the aid of which, it can be substantiated that the petitioner at any point of time, committed forceful sexual intercourse or sexual assault upon the deceased. Learned counsel submitted that the petitioner is a 24 years old boy who is in custody since 21.03.2022. On these grounds, he implored the court to enlarge the petitioner on bail.

5. Per contra, learned Public Prosecutor and learned counsel representing the complainant have opposed the bail application.

6. Hon'ble the Apex court in M. Arjuna vs. State, represented by its Inspector of Police, reported in (2019) 3 SCC 315, [LQ/SC/2018/1543] wherein the Hon'ble Supreme Court held as under:-

"The essential ingredients of the offence under Section 306 I.P.C. are: (i) the abetment, (ii) the intention of the accused to aid or instigate or abet the deceased to commit suicide. The act of the accused, however, insulting the deceased by using abusive language will not, by itself, constitute the abetment of suicide. There should be evidence capable of suggesting that the accused intended by such act to instigate the deceased to commit suicide. Unless the ingredients of instigation/abetment to commit suicide are satisfied, accused cannot be convicted under Section 306 I.P.C."

7. Hon'ble the Supreme Court in the case of S.S. Cheena Vs. Vijay Kumar Mahajan & Anr. reported in (2010)12 SCC 190 [LQ/SC/2003/1260] , wherein Hon'ble the Supreme Court while deciding a criminal appeal held that abetment involves a mental process of instigating a person or intentionally aiding a person in doing of a thing. Without a positive act on the part of the accused to instigate or aid in committing suicide, conviction cannot be sustained.

8. Having gone through the FIR, challan papers so also statements of the prosecution witnesses and precedent law, this Court, without expressing any opinion on merits/demerits of the case, this Court is inclined to enlarge the petitioner on bail.

9.Consequently, the bail application under Section 439 Cr.P.C. is allowed. It is ordered that the accused-petitioner Shiv Lal S/o Sh. Kesha Ram arrested in connection with F.I.R. No.56/2020 registered at Police Station Mahila, Barmer, shall be released on bail, if not wanted in any other case, provided he furnishes a personal bond of Rs.50,000/- and two sureties of Rs.25,000/- each, to the satisfaction of learned trial court, for his appearance before that court on each & every date of hearing and whenever called upon to do so till completion of the trial.

Advocate List

  • Pradeep Kumar Shah

  • M.S. Bhati, PP and M.K. Dudy

Bench
  • Hon'ble Justice Kuldeep Mathur
Eq Citations
  • LQ
  • LQ/RajHC/2023/1504
Head Note

A. Penal Code, 1860 — S. 306 — Abetment to suicide — Ingredients of — Intention of accused to aid or instigate or abet the deceased to commit suicide — Evidence capable of suggesting that the accused intended by such act to instigate the deceased to commit suicide — Unless the ingredients of instigation/abetment to commit suicide are satisfied, accused cannot be convicted under S. 306 — Suicide by deceased — Petitioner alleged to have sexually assaulted the deceased and her obscene photographs were also snapped by the petitioner — Deceased being perturbed by the wrong doings and abusive behaviour of the petitioner, leaving her with no option except to commit suicide — Except for hearsay evidence regarding commission of sexual assault upon deceased by petitioner, there is nothing on record with the aid of which, it can be substantiated that the petitioner at any point of time, committed forceful sexual intercourse or sexual assault upon the deceased — FIR, challan papers so also statements of the prosecution witnesses and precedent law — Held, without expressing any opinion on merits/demerits of the case, petitioner enlarged on bail — Code of Criminal Procedure, 1973 — S. 439 — Bail — Condonation of delay — Bail granted, if not wanted in any other case, provided petitioner furnishes a personal bond of Rs.50,000/- and two sureties of Rs.25,000/- each, to the satisfaction of trial court, for his appearance before that court on each & every date of hearing and whenever called upon to do so till completion of the trial — Sexual Offences Against Children (POCSO) Act, 2012 — S. 5/6 — FIR registered for offences under S. 376(2)(n) IPC and S. 5/6 of POCSO Act — Crime Against Women and Children — Bail — Criminal Procedure Code, 1973 — S. 439 — Bail granted, if not wanted in any other case, provided petitioner furnishes a personal bond of Rs.50,000/- and two sureties of Rs.25,000/- each, to the satisfaction of trial court, for his appearance before that court on each & every date of hearing and whenever called upon to do so till completion of the trial — Bail — Code of Criminal Procedure, 1973, S. 439 (Para 9)