GIRJA SHANKAR Vs. STATE OF M.P.

JUDGEMENT

(1.) APPLICANT has filed this revision against the order dated 21.6.2006, passed by the learned Second Additional Sessions Judge, Gadarwara, in Sessions Trial No. 205 of 2005, whereby the charges under section 306 and 354 of the Indian Penal Code have been framed against him.

(2.) ACCORDING to prosecution, in the intervening night of23.6.2004 and 24.6.2004, Asha alias Sadhna, a girl about 15 -16 years of age, was seen by her mother in compromising position with the applicant. On being detected the applicant and Asha both ran away. On search, it was found that Asha committed suicide by jumping before the train. Murg report was lodged by Kotwar Ganesh Prasad and ultimately a case under section 306 and 354 of the IPC was registered on 25.7.2005 against the applicant.

(3.) PERUSAL of the statement of Kanta Bai, mother of the deceased, reveals that the deceased was about 15 -16 years of age. Applicant used to talk to her frequently. In the night of 23.6.2004 and 24.6.2004, when her husband had gone to village and there was no light in the house, her daughter (deceased) was not found on her bed. After some time when there was light, she was seen by her in a compromising position with the applicant, near the bath room. On being detected both of them ran away. Her younger daughter Pooja informed her that the applicant had taken away the deceased from her bed. On search, after about one and a half hour her husband inforn1ed that Asha had died as she was run over by a train. According to her, she believed that her daughter was intimidated or allured away by the applicant and that she committed suicide due to humiliation, shame and feeling guilty on her being seen with the applicant in such an awkward situation.