LALU @ VINAY JAIN Vs. STATE OF M.P.

JUDGEMENT

(1.) This criminal revision is directed against the order dated 08.11.2016 passed by the Court of Second Additional Sessions Judge, Sihora, District-Jabalpur in S.T.No.579/2016, whereby a charge under Sections 306 and 376 of the IPC was framed against the petitioner/accused Lalu @ Vinay Jain.

(2.) The prosecution case before the trial Court was that the deceased Seema Kushwaha was a 32 years old widow, having a 10 years old son. Her husband had died in a car accident about 10 years ago. She lived with her son and her brother Rakesh Kumar. Petitioner Lalu ran a Dhaba in front of her house, where the deceased and her brother worked. About 2 years before the date of the incident, the petitioner established physical relations with the deceased on the false promise of marriage. As a result of aforesaid liaison, the deceased was in the 8th month of pregnancy on the date of the incident. When the deceased approached the petitioner for help in treatment and for honouring his promise of marriage, the petitioner refused to marry her and help her in any manner. Dejected and left with no option, the deceased committed suicide by consuming rat poison.

(3.) The order framing charge has been assailed on behalf of the petitioner mainly on the ground that the prosecutrix was a mature, married women having a son. Even if it is assumed for the sake of the arguments that she became pregnant as a result of relationship with the petitioner, it was clearly a consensual relationship between two adults for mutual sexual gratification. There was no false promise or misrepresentation involved in the relationship; as such, no case of rape is made out The petitioner never instigated the deceased to commit suicide. Thus, even if all allegations made against the petitioner are taken at their face value and presume it to be true, no case of abetment of suicide would be made out against the petitioner. As such, both the charges i.e. the one under Section 376 and the other under Section 306 of the IPC are liable to be quashed.