TMI Blog2019 (7) TMI 2054X X X X Extracts X X X X X X X X Extracts X X X X ..... had not completed 18 years of age on the date of commission of the offence, remains entitled to the benefit of juvenility. This Court also issued notice to the Appellants as to why they be not suitably punished under appropriate provisions of the Indian Penal Code, even if they were not held guilty for commission of offence Under Section 306 Indian Penal Code with reference to the evidence on record. Apparently, this notice was issued to the Appellants with reference to the offence specified in Section 509 Indian Penal Code, being of "word, gesture or act intended to insult the modesty of a woman" - Even during the course of hearing of this matter, we have heard learned Counsel for the parties at sufficient length on this question, of the offence in the alternative. However, having scanned through the entire record with reference to the law applicable, we have no hesitation in concluding that the present case squarely falls within the ambit of Section 306 Indian Penal Code and the Appellants have rightly been held guilty thereunder. In the case of RAMESH KUMAR VERSUS STATE OF CHHATTISGARH [2001 (10) TMI 1169 - SUPREME COURT], a three-Judge bench of this Court held that ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he of the Accused and the deceased.
Conclusion - The conviction of the accused under Section 306 IPC upheld, except for Appellant No. 2, who was found to be a juvenile at the time of the offense. The proceedings against Appellant No. 2 were terminated, while the other appellants were required to serve the remaining part of their sentence.
Appeal allowed in part. X X X X Extracts X X X X X X X X Extracts X X X X ..... tinued to taunt the girl on daily basis and, at all the times, the girl was only advised by her family to keep quiet. 2.3. It was further alleged that on 05.05.1996, on sighting the daughter of the complainant, who was returning after throwing garbage, Ude Singh said, "see my Bohoria is coming"; Daulat Ram and Manoj said, "she is our Chachi"; and Hem Karan alias Hemla exclaimed, "she is my wife". Having heard all these taunts, daughter of the complainant became very upset and entered into altercation with the men. This incident was allegedly witnessed by Jai Narain (PW-2). The victim girl once again complained to her mother and the complainant's elder brother Raj Kumar about the incident and while crying, stated that she had no right to live and would end her life as and when she would get the opportunity to do so. Upon hearing this, the wife and the elder brother of the complainant tried to pacify the girl and also told her that they would inform the complainant (who was posted as Head Constable at Police Station Beri, District Rohtak). They also advised her not to be troubled by such taunts as the prestige of the family was in her hands and she ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... enal Code against him wherein his brother Raj Kumar and the witness Jai Narain were also named as Accused. 3.2. PW-2 Jai Narain testified to the occurrence of 05.05.1996 as also the conduct and behaviour of the Accused persons. This witness specifically stated that he was standing at a plot with Ram Kumar and Virender when daughter of the complainant came there to throw garbage and when she was going back, the utterances were made by the Accused with Hem Karan calling her as his wife; Ude Singh calling her as Bohoria and Daulat and Manoj calling her as Chachi. This witness also stated that the daughter of the complainant started crying and also rebuked the Accused for their behaviour; and that she was consoled by him and other persons and they walked down with her to the house and left her there. Even while disputing some part of his statement made during investigation, this witness stated that: "All the four Accused are rouges and as such we could not dare to rebuff or rebuke them for their indecent behaviour. It is incorrect that all the four Accused are decent person." 3.3. PW-11 Krishna, wife of the complainant and mother of the deceased girl stated that even during ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er, Jai Narain and Ram Kumar had seen he untoward behavior of all the Accused. Meena had told me that she was totally exhausted and disgusted from all the taunts and remarks given occasionally to her by the Accused and that she would end her life. On 6.5.96 my daughter ended her life by hanging as a result of the continuous indecent behavior of the Accused towards her. xxx Cross-examination Approximately 8/9 years back there was dispute in regards to landed property between our family and the Accused. However, it was settled. Even during that land dispute, the Accused used to tease and taunt her. They used to address Meena in these very words like Chachi and Bohdia etc. even then. It had become an every day affair with the Accused. The entire village community knew about the indecent utterances towards Meena. We always tried to overlook the matter as the honour of an unmarried girl was involved. No elected member of the panchayat of the village or any other respectable of the society rebuked the Accused against their behavior as they are all anti-social elements and no respectable wants to take cudgels with them. I would not know if more cases are pending against the Accused ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... my daughter had ended her life or she was killed by my man on the night intervening 5/6 May, 1996. It is also incorrect that my daughter may have died even at about 4.20 p.m. on 5.5.96. It is incorrect that a totally false story was coined by my husband Pohap Singh, a police man, and all the Accused were falsely implicated in this case. 4. In defence, the Accused examined 11 witnesses, essentially to suggest that on 04.05.1996, Accused Nos. 3 and 4, Manoj and Daulat, had visited Jainabad and were falsely implicated in this case; and in this connection, an application dated 05.06.1996 was sent to DIG Rohtak. The witnesses also suggested that daughter of the complainant was under depression after her engagement got broken; and she committed suicide for this reason. 5. On appreciation of evidence, the Trial Court, in its judgment and order dated 28.11.1997, observed that minor discrepancies in the statements of witnesses could not be the reason to discard the case of the prosecution nor could the case of the prosecution be said to be doubtful for their failure to examine all the witnesses. The Trial Court rejected the suggestions made by way of defence evidence and found that the c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... for Special Leave to Appeal in this matter and while issuing notice to the Respondent, this Court also issued notice to the Petitioners-Appellants as to why, in the event, if sufficient evidence is found acceptable, they be not suitably punished under appropriate provisions of the Indian Penal Code, even if they may not be held guilty for commission of offence Under Section 306 of the Indian Penal Code. We shall examine hereafter a little later the questions as to whether the Accused are guilty of the acts and utterances attributed for them; and if so, they are liable for the offence of abetment of suicide or if they are guilty of any other offence under the Indian Penal Code. 8. Learned Counsel for the Appellant-Accused has strenuously argued that there is want of direct and cogent proof of the fact that the Accused abetted the suicide in question; that there is no evidence to show that the deceased ended her life for the words or actions attributed to the Accused; and that there are no eye-witnesses to the incident and the depositions of the witnesses are all nothing but hearsay. Learned Counsel would submit that the deceased was obviously depressed on account of dropping out of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Juvenile Justice (Care and Protection of Children) Act, 2000 ['the Act of 2000'] and the proceedings qua him are required to be terminated. 11. The matriculation certificate issued by the Board of Secondary Education, Haryana dated 24.06.1994 in relation to the Appellant No. 2 is placed on record and therein, his date of birth is distinctly recorded as "20.04.1980". This certificate has not been disputed on behalf of the Respondents and in the given set of circumstances, we find neither any reason to doubt the correctness and veracity of the same nor there appears any reason to hold further enquiry in the matter. 11.1. The daughter of the complainant was found dead on 06.05.1996 after committing suicide and the cause for her taking such extreme step is said to be the continuous humiliation and harassment by the Accused; the last such incident being of 05.05.1996. It is, therefore, evident that the Appellant No. 2 was about 16 years of age as on the date/s of incident/s. Though this fact was not placed for consideration before the Trial Court and the High Court but, in the light of the law declared by this Court in the case of Raju v. State of Haryana 2019 (4) S ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hereas the maximum period for which a juvenile may be sent to a special home is only 3 years as per Section 15(1)(g) of the 2000 Act. We direct that the Appellant be released from custody forthwith, if he is not required to be detained in connection with any other case. 11.2. In view of the above and in view of the indisputable fact that the Appellant No. 2 was below the age of 18 years on the date of commission of offence, the appeal in his relation deserves to be allowed. 12. Taking up the case of other Appellants, as noticed, while entertaining the petition for Special Leave to Appeal in this matter, this Court also issued notice to the Appellants as to why they be not suitably punished under appropriate provisions of the Indian Penal Code, even if they were not held guilty for commission of offence Under Section 306 Indian Penal Code with reference to the evidence on record. Apparently, this notice was issued to the Appellants with reference to the offence specified in Section 509 Indian Penal Code, being of "word, gesture or act intended to insult the modesty of a woman". Obviously, this Court had pondered over the broad features of this case while entertaining the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nt of the term of simple imprisonment to three years in place of the earlier term of one year.: 509. Word, gesture or act intended to insult the modesty of a woman.-Whoever, intending to insult the modesty of any woman, utters any word, makes any sound or gesture, or exhibits any object, intending that such word or sound shall be heard, or that such gesture or object shall be seen, by such woman, or intrudes upon the privacy of such woman, shall be punished with simple imprisonment for a term which may extend to three years, and also with fine. 14. When the accusation in the present case has its genesis in certain acts and utterances attributed to the Accused, the meaning and expanse of the expression "abetment", particularly on its operation in relation to the offence of "abetment of suicide", is required to be dilated upon. Hence, before proceeding further, apposite it shall be to take note of the case law as cited and as relevant in this matter. 14.1. In the case of Ramesh Kumar (supra), a three-Judge bench of this Court held that the ingredients of Section 306 Indian Penal Code were not satisfactorily proved so as to implicate and punish the Accused for ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to commit suicide" as held by the trial court and upheld by the High Court. 20. Instigation is to goad, urge forward, provoke, incite or encourage to do "an act". To satisfy the requirement of instigation though it is not necessary that actual words must be used to that effect or what constitutes instigation must necessarily and specifically be suggestive of the consequence. Yet a reasonable certainty to incite the consequence must be capable of being spelt out. The present one is not a case where the Accused had by his acts or omission or by a continued course of conduct created such circumstances that the deceased was left with no other option except to commit suicide in which case an instigation may have been inferred. A word uttered in the fit of anger or emotion without intending the consequences to actually follow cannot be said to be instigation. 21. In State of W.B. v. Orilal Jaiswal [(1994) 1 SCC 73], this Court has cautioned that the court should be extremely careful in assessing the facts and circumstances of each case and the evidence adduced in the trial for the purpose of finding whether the cruelty meted out to the victim had in fact induced her to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o goad, urge forward, provoke, incite or encourage to do an act. A person is said to instigate another person when he actively suggests or stimulates him to an act by any means or language, direct or indirect, whether it takes the form of express solicitation or of hints, insinuation or encouragement. Instigation may be in (express) words or maybe by (implied) conduct. 37. The word "urge forwards" means to advise or try hard to persuade somebody to do something, to make a person to move more quickly in the particular direction, specially by pushing or forcing such person. Therefore, a person instigating another has to "goad" or "urge forward" the latter with the intention to provoke, incite or encourage the doing of an act by the latter. In order to prove abetment, it must be shown that the Accused kept on urging or annoying the deceased by words, taunts until the deceased reacted. A casual remark or something said in routine or usual conversation should not be construed or misunderstood as "abetment". xxx xxx xxx 43. Keeping in view the aforesaid legal position, we are required to address whether there has been abetment in committing s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the parents belong to the poor strata of the society. As the materials on record would reflect, the father could not afford her treatment when case of his daughter was referred to the hospital at Chandigarh. The impecuniosity of the family is manifest. It is clearly evident from the materials brought on record that the conduct of the Accused was absolutely proactive." (Underling supplied for emphasis) 14.3. In the case of Pawan Kumar (supra), this Court also expressed serious concern over the menace of eve-teasing and its adverse impact on the civilized society while indicating the affirmative rights of a woman with reference to Articles 14, 15 and 21 of Constitution of India. This Court referred to an earlier decision and observed as under: 47. ..We are at pains to state that in a civilised society eve teasing is causing harassment to women in educational institutions, public places, parks, railway stations and other public places which only go to show that requisite sense of respect for women has not been socially cultivated. A woman has her own space as a man has. She enjoys as much equality Under Article 14 of the Constitutions as a man does. The right to live with dig ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ged with some other person in a conspiracy and lastly, that the Accused had in any way aided any act or illegal omission to bring about the suicide. 14.5. We may also refer to the decision in S.S. Chheena v. Vijay Kumar Mahajan and Ors. (2010) 12 SCC 190, where this Court reiterated on the essentials of the offence Under Section 306 Indian Penal Code as under: 25. Abetment involves a mental process of instigating a person or intentionally aiding a person in doing of a thing. Without a positive act on the part of the Accused to instigate or aid in committing suicide, conviction cannot be sustained. The intention of the legislature and the ratio of the cases decided by this Court is clear that in order to convict a person Under Section 306 Indian Penal Code there has to be a clear mens rea to commit the offence. It also requires an active act or direct act which led the deceased to commit suicide seeing no option and that act must have been intended to push the deceased into such a position that he committed suicide. (Underling supplied for emphasis) 14.6. In Chitresh Kumar Chopra v. State (Govt. of NCT of Delhi) (2009) 16 SCC 605, this Court referred to the decision in Ramesh K ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... life. It is also to be borne in mind that in cases of alleged abetment of suicide there must be proof of direct or indirect acts of incitement to the commission of suicide. Merely on the allegation of harassment without there being any positive action proximate to the time of occurrence on the part of the Accused which led or compelled the person to commit suicide, conviction in terms of Section 306 Indian Penal Code is not sustainable. (Underling supplied for emphasis) 15. Thus, "abetment" involves a mental process of instigating a person in doing something. A person abets the doing of a thing when: (i) he instigates any person to do that thing; or (ii) he engages with one or more persons in any conspiracy for the doing of that thing; or (iii) he intentionally aids, by acts or illegal omission, the doing of that thing. These are essential to complete the abetment as a crime. The word "instigate" literally means to provoke, incite, urge on or bring about by persuasion to do anything. 16. In cases of alleged abetment of suicide, there must be a proof of direct or indirect act/s of incitement to the commission of suicide. It could hardly be disputed that the qu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t of suicide. Such being the matter of delicate analysis of human behaviour, each case is required to be examined on its own facts, while taking note of all the surrounding factors having bearing on the actions and psyche of the Accused and the deceased. 16.2. We may also observe that human mind could be affected and could react in myriad ways; and impact of one's action on the mind of another carries several imponderables. Similar actions are dealt with differently by different persons; and so far a particular person's reaction to any other human's action is concerned, there is no specific theorem or yardstick to estimate or assess the same. Even in regard to the factors related with the question of harassment of a girl, many factors are to be considered like age, personality, upbringing, rural or urban set ups, education etc. Even the response to the ill-action of eve-teasing and its impact on a young girl could also vary for a variety of factors, including those of background, self-confidence and upbringing. Hence, each case is required to be dealt with on its own facts and circumstances. 17. Having taken an overall view of the applicable principles, we may notice ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... yana, were closely related as cousins but were estranged in relations; and were involved in several civil and criminal cases against each other. Admittedly, there was a property dispute between the parties that was later on compromised but, the relations of the parties did not improve. There was a criminal case by the Accused No. 1 (since deceased) against the complainant and his brother, allegedly involving offence Under Section 307 Indian Penal Code. Then, there was another criminal case wherein wife of the complainant (PW-11 Smt. Krishna) alleged that the Accused No. 1 of this case had assaulted her with gandasa. The incident of 15.04.1996 (when the deceased girl was dragged by Accused No. 1) had allegedly taken place after evidence in the said criminal case lodged by the mother of the deceased girl. The parties, therefore, were not standing on good terms and there had been the elements of rather abject animosity towards each other. On the other hand, the position of the deceased girl had been that she was about 18 years of age; she had failed to clear her 10th standard examination and was practically a drop out from her studies; and she was engaged for the purpose of marriage b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to the vanishing point of tolerance. It had not been a case of mere intimidation or insult. The incessant intimidation and insult of the innocent girl had been of instigation; and such instigation clearly answers to the description of abetment of suicide. Therefore, in our view, the Accused Nos. 1 and 3 have rightly been held guilty of offence of abetment of suicide. 23. The contention of the Appellants that their intention had never been to make her commit suicide is required to be rejected because, as noticed above, the hapless girl was intentionally chosen for humiliation by the Accused, who were otherwise involved in several litigations with her parents. The Accused persons also knew it that the father of the girl was posted in his duty outside the village. As noticed, the intention of the Accused had only been to drive the deceased to the brink of helplessness and intolerance; they in fact succeeded in doing so on 05.05.1996, when the girl rebuked them for their utterances. However, the victim girl found no way out because the humiliation at the hands of Accused had been everyday affair; and, in the given set up of the society she belonged to, any action against the Accused b ..... X X X X Extracts X X X X X X X X Extracts X X X X
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