ANIL Vs. STATE OF U P

JUDGEMENT

(1.) WHETHER committing suicide by a woman as a consequence of rape constitutes the offence of abetment of suicide punishable under Section 306 of Indian Penal Code (in short 'the I.P.C.') is the main point that falls for consideration in this bail application, by means of which prayer for bail has been made on behalf of applicant Anil in Case Crime No. 1254 of 2008 under Section 306, I.P.C. P.S. Loni, District Ghaziabad.

(2.) AN F.I.R. was lodged on 31.8.2008 at 6.15 p.m. by the complainant Kapil S/o Surendra Kumar R/o House No. 440, Gali No. 9, A-Block, Sangam Bihar, Loni, district Ghaziabad. A case under Section 306, I.P.C. was registered at P. S. Loni (Ghaziabad) against the accused ANil S/o Omi (applicant herein) at Crime No. 1254 of 2008. The allegations made in the F.I.R., in brief, are that the complainant used to live in House No. 440, Gali No. 9, A-Block, Sangam Bihar, Loni, Ghaziabad and he was working on the hand pump shop of his brother-in-law (Jija). On 31.8.2008, when the parents of the complainant had gone out and his sister Sushma aged about 15 years was alone in the house, the complainant came to take lunch at about 3.30 p.m. He found two persons standing outside his house, who went away seeing him. In the meantime, ANil S/o Omi, who was residing in Rajiv Garden, came out from the house of complainant and began to flee away, but he was apprehended by the complainant and was brought to the shop of his brother-in-law Satbir, where police was called and he was handed over to the police after narrating entire matter. It is further averred in the F.I.R. that when after handing over ANil to the police, the complainant alongwith his brother-in-law came to his house, he found the door of his house bolted from inside and when on pushing, the door was opened, he found that his sister Sushma was hanging on ceiling fan.

(3.) THE main submission made by the learned counsel for the applicant was that if the entire version of the F.I.R. is accepted to be true, even then the offence punishable under Section 306, I.P.C. would not be made out in this case, because on the basis of committing rape with the deceased, it cannot be said that she was instigated by the applicant to commit suicide. THE contention of the learned counsel for the applicant was that if rape is committed by any person with any woman and if thereafter that woman commits suicide, then in such case the offence of abetment to suicide punishable under Section 306, I.P.C. would not be made out and hence on this ground alone the applicant deserves bail in present case, because the applicant is not in custody for the offence of rape with the deceased.