The Thane Sessions court has acquitted a 34 year old man accused of abetting suicide of a minor girl. The court while passing orders held that there was no evidence to show the accused had instigated the victim to commit suicide and the prosecution has failed to prove its case. The court presided over judge N K Karande was hearing the appeal filed by the accused against his conviction of three years, which was passed by an ad hoc judge of the Palghar district where the alleged crime was committed. The court held that the trial court has wrongly appreciated the evidence on record and come to the wrong conclusion.
The Prosecution’s case dates back to December 2012, when the accused had allegedly outraged the modesty of a 14-year-old girl when she was going to school in Vikramgad. Some friends accompanying her tried to intervene, but the accused threatened them, later he allegedly had dragged the victim to a roadside. The ad-hoc district and assistant sessions judge convicted the accused, resident of Vikramgad in neighbouring Palghar district, on February 26, 2015 for charges under Indian Penal Code sections 341 (wrongful restraint), 354 (assault or criminal force to woman with intent to outrage her modesty), 306 (abetment of suicide) and 506 (criminal intimidation).
The police reports further added that the victim had felt insulted, later she went home and hanged herself with a “odhni” (a cloth worn around the neck) from the wooden roof in her room the same day, as per the prosecution. The judge in his order said the advocate for the accused submitted that the prosecution witness evidence shows the accused stopped the victim and only talked to her.
“Mere talking does not imply an intention of the accused to outrage the modesty of the deceased victim. Neither the victim nor her friends immediately went to the police station to lodge a report. Therefore, their conduct clearly creates doubt about the prosecution’s case,” said the court.
“The victim went home and committed suicide. The accused had not played any active role in the episode of suicide. Prior to the incident, the accused had not uttered any word which provoked the victim to commit suicide. The prosecution has not brought on record any evidence of abetment of suicide,” the judge said in its orders.
“The prosecution has not brought any evidence to show that the accused had instigated the victim to commit suicide. There is no evidence to show that the accused aided the deceased victim in committing suicide. The words uttered by the accused prior to the incident do not reflect an intention of the accused regarding the suicide of the deceased victim,” the judge said.
“The judgment and order passed by the ad-hoc district judge-1 and assistant sessions judge, Thane, convicting and sentencing the appellant for the offences is hereby quashed and set aside,” he said.
With From Inputs From PTI
