incident on 15.08.2001 at agricultural field, the victim girl (now deceased) first went her home with her elder sister Hemlata and her Auntie Smt. Subhanta. It was observed that at home, her parents started beating their head by saying that due to such incident, their image and reputation in the society would ruin and thereafter only the girl went from home and jumped into the well. The trial Court observed that it is not that case where the girl soon after incident, directly went to the well for committing suicide and jumped therein, but it is a case where girl saw her parents to be screaming and beating their head having an apprehension to ruin their social reputation, thereafter having seen such circumstances, under overwhelming of her emotions, the girl went from home and jumped into the well to commit suicide. Learned trial Court has observed that the accused had no intention to instigate the victim to commit suicide, when he tried to outrage her modesty and there is no iota of evidence of prosecution in this regard. Thus, after due appreciation of the evidence on record as also considering the essential ingredients of Section 107 and 306 IPC so also having enlightened with the judicial precedence expounded in the judgments relied upon by the trial Court, a fact finding has been recorded bythe trial Court that mere act of the accused that he was clinging and embracing the girl may not be treated as an act of instigation, having an intention to push the girl to commit suicide. Accordingly, the trial Court concluded that there is no direct nexus of the act of accused, with the action of victim girl to commit suicide and essential element of instigation in terms of
