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GAUHATI HIGH COURT
Anjan Moni Kalita, J.
Hussain Md. Rijuan @ Hussain Mahammad Rizuwan – Petitioner
versus
State of Assam – Respondents
Crl. Pet. No. 800 of 2021
Decided on 15.12.2025
Indian Penal Code, 1860 – Sections 417/306/376/107 read with Section 6 of Protection of Children from Sexual Offences Act, 2012 – Criminal Procedure Code, 1973 – Section 482 read with Section 397/401 – Cheating, rape and abetment of suicide – Cognizance of offence – In order to bring in charge under Section 306 of Indian Penal Code, it must necessarily be proved that accused person had, in fact, contributed to suicide by deceased by some direct or indirect act or omission – Petitioner and deceased girl were in a love relationship and there are allegations of commission of sexual intercourse by Petitioner on deceased girl who was allegedly a minor when offence was allegedly committed – There are no materials to suggest that there was any instigation from Petitioner to commit any such action of committing suicide by deceased – Element of conspiracy along with other person/s to commit suicide was also absent – Court could not find third element of intentionally aiding by any act or illegal omission for deceased to commit suicide – Taking cognizance of offence under Section 306 by Special Judge, is bad in law and to that effect, same is set aside and quashed – There is no error in taking cognizance of offence under Section 376 of Indian Penal Code read with Section 6 of POCSO Act in instant case by Special Judge – No error in cognizance taken by Special Judge, of offences under Section 417/376 read with Section 6 of POCSO Act. (Paras 23, 24, 28, 30, 38, 39 and 40)
Result: Criminal Petition partly allowed.
JUDGMENT AND ORDER (CAV)
Heard Mr. P. J. Saikia, learned Senior Counsel assisted by Ms. M. Nirola, learned counsel appearing for the Petitioner. Also heard Mr. R. J. Baruah, learned Addl. PP for the State of Assam and Mr. S. Nawaz, learned Counsel for Respondent No. 2/Informant.
2. The instant application has been filed under Section 482 of Cr.P.C., 1973 read with Section 397/401 of Cr.P.C. assailing the order dated 12.01.2021 passed by the learned Special Judge, Nagaon in Special POCSO Case No.04/2021 (Rupahihat P.S. Case No.482/2020) taking cognizance of the offence under Section 417/306/376 of the Indian Penal Code read with Section 6 of the POCSO Act as well as continuation of the proceeding of the said case.
3. It is the case of the Petitioner that on 20.07.2020, one i.e. the Opposite Party No. 2 had lodged an FIR before the Officer-in-Charge of Rupahihat Police Station alleging,amongst others, that the Petitioner was in a love relationship with his daughter for the last two years with a promise to marry her. It was alleged that on being asked, his daughter, she told him that the Petitioner loves her and he would be marrying her. It was alleged that the Informant and his family came to know that the Petitioner secretly called their daughter and took her to various places and established physical relationship with her. It was alleged that on 16/17th July, 2020, the Petitioner communicated with his daughter on her mobile phone and informed that he would not be marrying her. It was alleged that since that incident, they saw their daughter crying in the house and on being asked, she informed them about the aforementioned facts. It was alleged that his daughter suffered from mental agony because of refusal of marriage by the Petitioner and therefore, she committed suicide by hanging herself in their house on 19.07.2020. On receipt of the FIR, the investigating authority registered Rupahihat P.S. Case No. 482/2020 under Section 417/306 of the Indian Penal Code.
4. It is mentioned that initially the case was registered under Section 417/306 of the Indian Penal Code but subsequently on the prayer of the Investigating Officer, the learned Judicial Magistrate First Class, Nagaon, vide order dated 13.10.2020 added Section 376 read with Section 6 of the POCSO Act and transferred the case to the learned Special Judge, Nagaon and since then, the matter is pending before the Special Judge, Nagaon.
5. It is the case of the Petitioner that coming to know about lodging of such FIR, the Petitioner voluntarily appeared before the I.O. of the case but on such appearance, the Petitioner was arrested and produced before the learned Special Judge, Nagaon on 17.10.2020. On completion of the investigation, the I.O. of the case submitted a part charge sheet against the Petitioner vide charge sheet No.01/2021 in connection with the aforesaid case under Section 417/306/376 of the Indian Penal Code read with Section 6 of the POCSO Act.
6. On receipt of the Part Charge Sheet, the learned Special Judge, Nagaon, vide order dated 12.01.2021 passed in Special POCSO Case No. 04/2021, took cognizance of the offence against the Petitioner under Section 417/306/376 of the Indian Penal Code, read with Section 6 of the POCSO Act and the next date was fixed on 22.12.2021 for hearing on charge.
7. Being aggrieved and dissatisfied with the order dated 12.01.2021 passed by the learned Special Judge, Nagaon, whereby cognizance of the offence was taken under Section 417/306/376 of the Indian Penal Code, read with Section 6 of POCSO Act as well as continuance of the proceeding of the said case, the Petitioner has filed the instant Petition challenging the aforesaid order dated 12.01.2021.
8. The learned Senior Counsel appearing for the Petitioner submits that the learned Special Judge, Nagaon committed gross error of law as well as on facts in passing the aforesaid order dated 12.01.2021, whereby the cognizance of the offence was mechanically taken without applying his
Cheating, rape and abetment of suicide – Commission of sexual intercourse with a minor girl is offence of rape.
The court emphasized the requirement of direct evidence of instigation and mens rea for establishing charges of abetting suicide under Section 306 IPC, distinguishing physical relationships from lega....
To establish abetment of suicide under Section 306 IPC, there must be clear evidence of instigation or aid by the accused; mere emotional distress or broken relationships do not suffice.
To establish abetment of suicide under Section 306 IPC, there must be clear evidence of instigation or a direct act by the accused leading to the victim's suicide; mere relationship discord is insuff....
To establish abetment of suicide under IPC, there must be clear evidence of instigation or aiding, which was absent in this case.
Establishing criminal liability under Section 306 IPC requires proof of mens rea and evidence of instigation, which was not present in this case.
To establish abetment of suicide under Section 306 IPC, there must be clear evidence of the accused's intention to instigate the suicide, which was absent in this case.
To establish abetment of suicide under Section 306 IPC, evidence of instigation or encouragement by the accused is essential; mere emotional turmoil does not suffice.
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