DWARKA SINGH THAKUR Vs. STATE OF M.P.

JUDGEMENT

(1.) The applicant has challenged the order dated 29.7.2011 passed by the learned First Additional Sessions Judge, Sagar in S.T.No. 499/2011, whereby the charges of offence punishable under sections 376 (1) and 306 of IPC were framed against the applicant.

(2.) The prosecutions case, in short, is that, the deceased Halki Binna was found dead and her body was sent for the post -mortem. On 10.5.2009, postmortem was done by the team of doctors and they found that she committed suicide by hanging. However, her hymen was found intact and slides of her vaginal swab were prepared and sent to the Forensic Science Laboratory for its analysis. On investigation, nothing could be told by the various witnesses including the father of the deceased. The witness Ramraj Singh has stated after two years of the incident that the father of the victim told that the applicant was found leaving his house, soon after the incident of hanging, whereas, one witness Saligram has stated that he saw the applicant who was visiting the house of Bhikam Chourasiya on and often by maintaining the secrecy of his visits.

(3.) Similarly , there is no reason shown by any of the witnesses as to why the deceased committed suicide. Since semen particles were found on her vaginal swab, therefore, it was presumed that she committed suicide because of rape committed upon her. If the statements of the witness Saligram is considered as it is then, he saw the applicant visiting the house of the deceased prosecutrix for so many times but, the prosecutrix never complained to that fact to anyone including her father and therefore, if the applicant was visiting the house of the deceased prosecutrix for cohabitation then, it was with the consent of the prosecutrix and therefore, there was no possibility that due to that act, she would have committed suicide. Under such circumstances, no overt -act of the applicant is established by the evidence collected by the prosecution that due to his overt -act the deceased committed suicide. It is possible that due to some other reason, she would have committed suicide. Under such circumstances, no offence under section 306 of IPC is constituted against the applicant.