Back
IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
ANJAN MONI KALITA
Hussain Md. Rijuan @ Hussain Mahammad Rizuwan, S/o Tafazul Hussain – Appellant
Versus
State of Assam represented by the Public Prosecutor – Respondent
| Table of Content |
|---|
| 1. overview of the case and charges. (Para 2 , 3 , 4 , 5 , 6 , 7) |
| 2. arguments challenging the charges. (Para 8 , 9 , 10 , 11 , 12 , 13 , 14) |
| 3. state's perspective on the charges. (Para 15 , 16) |
| 4. court's overview of the case materials. (Para 18 , 19) |
| 5. legal definitions related to abetment. (Para 20 , 21 , 22) |
| 6. explanation of the concept of abetment. (Para 23 , 24 , 25) |
| 7. discussion on mens rea in abetment. (Para 26 , 27 , 28) |
| 8. court's findings on abetment of suicide. (Para 29 , 30) |
| 9. discussion on sexual offenses. (Para 31 , 32 , 33) |
| 10. evaluation of the application of pocso act. (Para 34 , 35 , 36 , 37 , 38) |
| 11. conclusion and judgment on charges. (Para 39) |
| 12. final court order. (Para 40 , 41) |
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 Spec
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....
Cheating, rape and abetment of suicide – Commission of sexual intercourse with a minor girl is offence of rape.
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, there must be direct acts of incitement closely linked to the suicide, and mere denial of marriage does not constitute abetment.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
