20. Let us now take the final call in respect of the charge framed under Section 306 of IPC [it is read with Section 107 of the IPC]. In this regard, when we scan the evidentiary materials, three important components of fact emerged before us. First of all, there cannot be any amount of doubt, though the appellant has categorically stated in his examination-in-chief that he had no sexual intercourse with the victim but by way of DNA profiling [the report of the DNA profiling is full proof and can be relied for drawing inference] the prosecution has proved beyond reasonable doubt that there was sexual intercourse between the appellant and the victim. The appellant is the biological father of the foetus found in the womb of the victim. Therefore, the appellant (DW-1) was not truthful to the court. That apart, by overwhelming evidentiary materials the prosecution has proved that both the victim and the appellant was in the love affairs and everybody were expecting that they would marry. When the victim was carrying pregnancy of 20 weeks or so, the appellant married another girl not in the month of January, 2012, but in the month of June, 2012 [in its fag end]. This is not inclined to accept the account of DW-2 as truthful. The said conduct of the appellant, we are convinced to hold that had created a circumstance which instigated the victim to commit the suicide. As such, we affirm the finding of the conviction of the appellant under Section 306 of the IPC. However, on overall consideration of the matter, we are inclined to modify the sentence. The appellant shall suffer 5 years RI with fine of Rs.5,000/- and in default of payment of fine, he
