The High Court at Aurangabad granted bail to the accused in a case involving rape, impersonation, and abetment of suicide. The court found the victim was a mature adult and held pre-trial detention was unwarranted.
The applicant was released on bail on executing a personal bond of Rs. 25,000/- and furnishing solvent sureties.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
(1)Cri. Appln. No. 5865 of 2016
IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AT AURANGABAD.
Criminal Application No. 5865 of 2016
District : Nanded
Kundan s/o. Roopsingh Jadhav,
Age : 29 years,
Occupation : Labour,
R/o. Kasar Peth,
Taluka : Mahur,
District : Nanded. .. Applicant.
versus
The State of Maharashtra,
through Police Inspector,
Police Station, Mahur,
District : Nanded.
.. Respondent.
............
Mr. Pratap P. Mandlik, Advocate, for the applicant.
Mr. S.B. Yawalkar, Addl. Public Prosecutor, for the respondent.
............
CORAM : A.M. BADAR, J.
DATE : 25TH OCTOBER 2016
ORAL ORDER:
The applicant / accused in Crime No. 68/2016
registered with Mahur Police Station, District
Nanded, for offences punishable under Sections 306,
376 and 506 of the Indian Penal Code, by this
application, is seeking his release on bail after
(2)Cri. Appln. No. 5865 of 2016
filing of the charge-sheet.
2.Heard the learned Counsel appearing for the
applicant / accused and the learned Addl. Public
Prosecutor appearing for the respondent / State.
3.The learned Addl. Public Prosecutor opposed
the application by submitting that statements of
parental relatives of the deceased shows that she
committed suicide as after impregnating her, the
applicant refused to marry her. Therefore, in
submission of the learned Addl. Public Prosecutor,
the applicant is not entitled for bail.
4.I have carefully considered the rival
submissions and perused the charge-sheet.
5.Deceased daughter of the informant, as per
the charge-sheet was 23 years of age at the time of
her suicidal death. Her date of birth is stated to
be 13.05.1995 as per school record. Her alleged oral
dying declaration to her mother and other relatives
is to the effect that the present applicant committed
rape on her after promising to marry her, thereby
impregnating her. Then he refused to marry her and
therefore she consumed poison.
6.As the deceased was of about 22½ years of
age at the time of alleged act of rape on her by the
(3)Cri. Appln. No. 5865 of 2016
present applicant, prima facie it is seen that sexual relations between them were consensual. The deceased was fully matured adult lady. So far as offence punishable under Section 306 of the IPC is concerned, according to the prosecution case, as the applicant refused to marry the victim after impregnating her, she died suicidal death. Section 107 of the IPC requires mens rea and without knowledge and intention there cannot be abetment. The applicant may be a reason for committing suicide by the victim girl. However, one will have to ascertain whether the applicant intended that the victim should commit suicide and such knowledge was attributable to him.
7.As the charge-sheet is filed after
completing investigation of the crime in question,
considering the nature of offence and the nature of
evidence available against the present applicant, his
further pre-trial detention is not warranted.
8. Hence, I pass the following order :-
(a) The Application is allowed.(b)The applicant / accused, in the above crime, be
released on bail on his executing P.R. Bond in the
sum of Rs. 25,000/- and on furnishing one or more
solvent sureties of the like amount.
(4)Cri. Appln. No. 5865 of 2016
(c)As conditions of this order, the applicant /
accused shall abide by the following directives :-
(i) The applicant shall not, directly or
indirectly, make any inducement, threat or
promise to any persons acquainted with the
facts of the case so as to dissuade them
from disclosing such facts either to the
Court or to any police officer.
(ii) The applicant shall not tamper with
the prosecution evidence in any manner and
shall cooperate the learned trial Judge in
expeditious disposal of the trial against
him.
(iii) The applicant shall not repeat
commission of similar type of offences in
future.
(d)The Application stands disposed of in the above
terms.
( A.M. BADAR )
JUDGE
puranik / CRIAPPLN5865.16
2 issues framed by the court
Whether the accused is entitled to bail after the filing of the charge-sheet in a case involving offences under Sections 306, 376 and 506 of the IPC.
Whether prima facie the evidence shows abetment of suicide given the age of the victim and nature of the alleged relationship.
1 provisions across 1 enactments
Kundan Jadhav
The State of Maharashtra
A.M. BADAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court