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ANJAN MONI KALITA
Hussain Md. Rijuan @ Hussain Mahammad Rizuwan – Appellant
Versus
State of Assam – Respondent
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 famil
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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