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IN THE HIGH COURT OF DELHI AT NEW DELHI
G.S.SISTANI AND SANGITA DHINGRA SEHGAL, JJ.
STATE - Appellant
Versus
NAVED UR REHMAN - Respondent
CRL.L.P. 59/2016
Decided on : 21-03-2016
Abetment - Criminal Law - Indian Penal Code, Section 306, Section 302, Section 107, Section 113A, Indian Evidence Act - The court discussed the application of Section 302 and Section 306 of the Indian Penal Code, the presumption as to abetment of suicide by a married woman under Section 113A of the Indian Evidence Act, and relevant case laws. The court emphasized the burden of proof on the prosecution, the need for clear mens rea to convict under Section 306, and the requirement of compelling reasons to interfere with a judgment of acquittal.
Fact of the Case:
The State filed a leave to appeal petition against the acquittal of the respondent on charges under Section 306 and 302 of the Indian Penal Code. The respondent's wife died by suicide, and the prosecution alleged abetment by the respondent due to an illicit relationship and harassment.
Finding of the Court:
The court found that the prosecution failed to prove beyond reasonable doubt that the respondent abetted the suicide. It emphasized the absence of direct evidence, the hearsay nature of the allegations, and the lack of a clear mens rea on the part of the respondent.
Issues: The key issues were whether the respondent abetted the suicide of his wife and whether the conclusions of the Trial Court were perverse or there was a misapplication of law.
Ratio Decidendi: The court emphasized the need for clear mens rea to convict under Section 306, the importance of the burden of proof on the prosecution, and the requirement of compelling reasons to interfere with a judgment of acquittal.
Final Decision: The leave petition was dismissed as the court found no reason to interfere with the judgment of the Trial Court.
SANGITA DHINGRA SEHGAL, J.
CRL.MA.1262/2016
1. Exemption allowed subject to just exceptions.
2. Application stands disposed of.
CRL.MA.1261/2016
3. By the present application, the petitioner seeks condonation of 70 days' delay in filing the present criminal leave to appeal petition.
4. Heard. For the reasons stated in the application and in the interest of justice, present application is allowed. Delay in filing the present criminal leave to appeal petition is condoned. Let criminal leave to appeal petition be taken on record.
5. Application stands disposed of.
CRL.L.P.59/2016
6. Present leave to appeal petition has been filed by the State under Section 378 of the Code of Criminal Procedure against the judgment dated 17.08.2015 passed by Sh. Manoj Jain, Additional Sessions Judge, Fast Track Court, North West District, Rohini, Delhi in Sessions Case No. 97/01/13 whereby the respondent was acquitted of the charges framed against him under Section 306 and 302 of the Indian Penal Code.
7. The brief facts of this case, as noticed by the learned Trial Court are as under:
“That on 16/05/2011, Police Station Vijay Vihar received information from BSA hospital that Naaz (wife of Naved) had died as she had hanged herself. SI Virender was directed to go to the hospital and to carry out necessary investigation. SI Virender reached there and collected MLC of Naaz who had already been declared brought dead. SDM, Saraswati Vihar was informed. Relatives of both the sides also appeared before Sh. Ramphal Singh, SDM Saraswati Vihar and got recorded their statements. Lala (brother of deceased) revealed that his sister Maya had married accused on her own and after marriage, she assumed name of Naaz. He also stated that whenever she used to call them up, she used to complain that Naved was having illicit relation with some other girl. However, Lala also admitted that they did not help her out as Maya had married against their wishes and with her own sweet will. He, however, also suspected that accused had killed her. Statement of Chanda Devi (wife of Lala Ram) was also recorded on 27/05/2011 by SDM. FIR was registered for commission of offence u/s 306 IPC after more than three months i.e. on 23/08/2011. Investigation ruled out any angle of homicidal death and confirmed it to be a case of suicidal hanging. Investigating agency also felt that accused was having illicit relation with some other girl, albeit unknown, which he did not discontinue despite appeal by his wife and he, resultantly, abetted her suicide as she could not withstand such act and conduct of her husband.”
8. Charge sheet was filed under Section 306 of the Indian Penal Code but subsequently the Trial Court noticed that there was a wound on the backside of the head of the deceased and thus framed an alternative charge under Section 302 of the Indian Penal Code. The respondent pleaded not guilty to the charged offences and claimed to be tried.
9. To bring home the guilt against the respondent, the prosecution examined 12 witnesses in all. Statement of the respondent was recorded under Section 313 of the Code of Criminal Procedure wherein he claimed that he had never beaten or harassed his wife (victim) and had cordial relations with her. He further stated that his wife had some dispute with her parental family regarding some money which she had given to them and which they were not returning. He also claimed that he was out of his house and when he returned, he saw his wife hanging and he himself took her to the hospital. The respondent did not lead any evidence in his defence.
10. Mr. R.S. Kundu, Additional Standing Counsel for the State submitted that the Trial Court disregarded and failed to take into account the relevant material available on record and has based its findings on mere conjectures and surmises. Repudiating the judgment of Trial Court, it was further submitted that there was sufficient evidence in the instant case to prove the guilt of the respondent.
11. Counsel for the
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