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 legal definitions under the POCSO Act.

JUDGMENT :

ANJAN MONI KALITA, J.

Date : 15-12-2025

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 Md. Bajrul Rahman 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 16/17^th 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 P