NATIONAL COMMISSION FOR WOMEN Vs. STATE OF DELHI

JUDGEMENT

(1.) This Special Leave Petition has been filed by the National Commission for Women (hereinafter called the 'Commission') statedly under the inherent powers of this Court challenging the order of the High Court dated 9th Feb., 2009, whereby the respondent No. 2 has been acquitted for the offence under Sec. 306 of the Indian Penal Code and while maintaining his conviction under Sec. 376 of the Indian Penal Code, the sentence has been reduced to that already undergone, which is said to be about five years and six months.

(2.) The facts are as under:

(3.) 1 Sunita then aged 21 years, committed suicide by consuming aluminium phosphide tablets on 14th April, 2003. A suicide note Ex. P.4 (G) found near her body was proved to be written in her hand. In the suicide note, she pointed out that she had taken tuitions from the accused, Amit, at her residence in Rajgarh Colony and during that period had developed a deep friendship with him leading to physical relations as well. He also held out a promise of marriage but later backed off and when she remonstrated with him and reminded him of his promise he threatened to expose and defame her in case she insisted on meeting him. She stated in the suicide note that the accused continued to have sexual relations with her but also compelled her to have sexual relations with others as well. Frustrated and feeling exploited, Sunita thus committed suicide.