The High Court granted bail to the accused in a rape-suicide case, noting discrepancies in the production of the suicidal note and absence of rape injury in the post-mortem report despite the charge.
Petitioner released on bail upon furnishing a bond of Rs. 20,000 with two solvent sureties.
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BLAPL No. 670 of 2020
Santosh Majhi ……. Petitioner -Vrs.- State of Odisha ……. Opp. Party
09. 08.10.2020
This matter is taken up through Video Conferencing.
Heard learned counsel for the petitioner and learned counsel for the State.
This is an application under section 439 of Cr.P.C. in connection with G.R. Case No.219 of 2019 arising out of Dhusuri P.S. Case No.105 of 2019 pending in the Court of learned J.M.F.C., Dhamnagar for offence punishable under sections 376/306 of the Indian Penal Code.
The petitioner moved an application for bail before the Court of learned Sessions Judge, Bhadrak which was rejected on 17.10.2019.
Learned counsel for the petitioner submitted that the petitioner is in judicial custody since 03.01.2019 and he has been charge sheeted under sections 376/306 of the Indian Penal Code. It is further contended that the deceased committed suicide by hanging herself and her dead body was found in that position on 13.06.2019 morning and accordingly a U.D. case i.e. Dhusuri P.S. U.D. Case No.12 of 2019 was registered and during inquiry of the said U.D. Case, inquest was conducted and the dead body was also sent for post mortem examination and nobody whispered anything against the petitioner but all on a sudden, the F.I.R. was lodged on 15.06.2019 in which the petitioner has been implicated and it is the case of the prosecution that since the petitioner committed rape on the
deceased, she committed suicide leaving a suicidal note. It is further contended by the petitioner that the suicidal note was produced by the informant on 15.06.2019 and even though the inquest was conducted in the very room where she was found hanging on 13.06.2019 but nothing was found on that day and therefore, there is possibility that the suicidal note has been planted at a belated stage to falsely entangle the petitioner in the alleged crime. He also submitted that though it is the prosecution case that on account of commission of rape, the deceased committed suicide but during post mortem examination, nothing was found on her body to suggest that she was subjected to rape and therefore, the bail application of the petitioner may be favourably considered.
Learned counsel for the State has produced the case diary and submitted that the cause of death was asphyxia due to hanging and except the ligature mark around the neck, no other injury was found on the private part of the victim. He further submitted that one Susilabala Sethi was examined on 15.06.2019 who stated to have seen the petitioner with a small child going to the house of the deceased which corroborates the facts narrated in the suicidal note regarding presence of the petitioner with the deceased which was seized on 15.06.2019. He further submitted that the suicidal note with the admitted handwritings of the deceased were sent to the handwriting expert and the writings matched with each other and in view of the available materials on record, it is not a fit case to grant bail to the petitioner.
Learned counsel for the informant also opposed the prayer for bail and submitted that since at the first instance, the suicidal note was not found in that room at the time of inquest, it was not produced but subsequently when it was found from below the bed, it was produced before the police, during course of investigation.
Considering the submissions made by the learned counsel for the respective parties, the nature of accusation against the petitioner, the surrounding circumstances under which the deceased stated to have committed suicide, absence of corroboration from the post mortem report regarding rape committed on the deceased, the delay in production of the suicidal note before the investigating agency and since in the U.D. case inquiry, nobody has stated anything against the petitioner and taking into account the period of detention of the petitioner in judicial custody, I am inclined to release the petitioner on bail.
Let the petitioner be released on bail in the aforesaid case on furnishing a bail bond of Rs.20,000/(rupees twenty thousand) with two solvent sureties each for the like amount to the satisfaction of the learned Court in seisin over the matter with further conditions as the learned Court may deem just and proper.
The BLAPL is accordingly disposed of.
Issue urgent certified copy as per Rules.
…………………..……
S.K. Sahoo, J.
P
2 issues framed by the court
Whether the petitioner qualifies for release on bail considering the delay in producing the suicidal note and lack of forensic evidence of rape in the post mortem report.
Whether the absence of corroboration from the post mortem report regarding rape constitutes a fit case for grant of bail under section 439 Cr.P.C.
2 provisions across 2 enactments
Santosh Majhi
State of Odisha
S.K. Sahoo
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
