Absence of DNA evidence does not nullify prosecution’s case if witness testimonies are consistent and sufficiently corroborate the allegations, leading to a conviction under Section 306 IPC.

JUDGMENT : H.P. SANDESH, J.

Heard the learned counsel for the appellant and the learned Additional SPP appearing for the respondent State.

2. The factual matrix of the case of the prosecution is that the appellant was the native of Kolar District and a distant relative of P.W.4 Narasimhappa. The appellant had gone to P.W.4’s place in search of employment and requested him to accommodate him in his house. In this regard, he requested P.W.6 Byrappa who happened to be the husband of P.W.5 and daughter of P.W.4 to influence P.W.4 to accommodate him. Accordingly, P.W.4 had accommodated the appellant in his house for the last one and half years. It is alleged that during his stay in his house, he developed intimacy with his daughter which resulted in the pregnancy of six months. In order to avoid from getting married, he abetted the daughter of P.W.4 to commit suicide saying that he would also commit suicide and he has given a tablet which was used as pesticide and accordingly the victim consumed the tablet on 27.03.2010 at about 4.00 p.m. When she was suffering by consuming the said tablet, the same was noticed by P.W.5 Kumari Kavitha, who happened to be the elder sister of the deceased and took her to the local hospital with the help of others and thereafter she was shifted to Bowring Hospital and while taking treatment, the victim re-gained conscious and disclosed that the accused is the cause for her pregnancy. The said statement was made in the presence of the witnesses and got confirmed the same by securing another tablet, which was kept in the house on the disclosure made by the victim and hence the case was registered and investigation was conducted and filed the charge-sheet against the appellant/accused. The accused did not plead guilty and hence the prosecution mainly relied upon the evidence of P.W.1 to P.W.13 and got marked the documents at Exs.P.1 to 8(d) and M.O.1 was marked and Exs.D.1 and 2 was confronted. The Trial Court having assessed the material available on record, comes to the conclusion that at the instance of the accused only the victim took the extreme step of committing suicide and accepted the evidence of the witnesses, medical evidence and expert evidence and convicted the accused for the offence punishable under Section 306 of IPC and imposed sentence of five years with fine of Rs.3,000/- and in default, imposed two months simple imprisonment.

3. Being aggrieved by the said judgment of conviction and sentence, the present appeal is filed before this Court.

4. The main contention of the learned counsel for the appellant is that the victim fell down after consuming the tablet. Till then, none of the prosecution witnesses were aware of the allegations made against the accused. It is contended that the medical records are also clear that the victim was unconscious when she was brought to the hospital and records are not disclosing that she had re-gained conscious. But the evidence of P.W.4 is that the victim re-gained conscious in the midnight and stated that the accused had given poisonous tablet and abetted her to commit suicide and that he assured that he will also commit suicide. But these facts neither appear in the medical records nor stated before the doctors. Only on the basis of the statement of P.W.4, the Trial Court comes to the conclusion that the accused had abetted her to commit suicide. It is contended that she was pregn