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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
MUKESH RAJPUROHIT
Mumtaz D/o Shri Deen Mohammad – Appellant
Versus
State of Rajasthan – Respondent
JUDGMENT :
MUKESH RAJPUROHIT, J.
1. The instant appeal has been filed under Section 14-A of SC/ST (Prevention of Atrocities) Act on behalf of the appellant against the order dated 11.08.2025, passed by the learned Special Judge Scheduled Castes/Scheduled Tribes (Prevention of Atrocities) Act Cases, Pali in Sessions Case No.761/2025, whereby the bail application preferred Section 483 of BNSS ( Section 439 Cr.P.C.) on behalf of the appellant was rejected.
2. The appellant is in custody in connection with F.I.R. No.289/2025, registered at P.S. Kotwali Pali, District Pali for the offences under Sections 308 (2), 108, 61(2)(a) of BNS and Sections 3(2)(v) of the Scheduled Castes/Scheduled Tribes (Prevention of Atrocities) Act.
3. Bereft of elaborate details briefly stated the facts necessary for the disposal of this petition are that Respondent No. 2 filed a complaint at Kotwali Police Station, Pali, stating that the complainant is a widow and elderly lady with a son named Kantilal, who has two sons, Abhishek and Mohit. According to the complainant, a woman named Mumtaz, wife of Sher Mohammad, was in contact with Kantilal via social media. She allegedly developed a relationship with him, h
The court emphasized that to establish abetment of suicide, the prosecution must demonstrate mens rea, showing direct or indirect acts leading the victim to suicide, and mere harassment is insufficie....
To establish abetment of suicide under Sec. 306 IPC, there must be clear evidence of instigation or encouragement by the accused, along with the necessary mens rea, which was not proven in this case.
To establish abetment of suicide under IPC, there must be clear evidence of instigation or aiding, which was absent in this case.
To establish abetment of suicide, there must be clear evidence of instigation or actions compelling the victim to take their life, not merely trivial domestic disputes.
The main legal point established is that for conviction under Section 306 IPC, there must be a clear mens rea and an active act or direct act leading to suicide, and mere harassment without positive ....
Abetment of suicide under S.306 IPC requires active instigation; mere harassment does not suffice unless it creates a situation compelling the victim to commit suicide.
To establish abetment of suicide, there must be clear mens rea and specific intent on the part of the accused, which was lacking in this case.
The main legal point established in the judgment is the requirement for substantial and credible evidence to prove serious offences like harassment and abetment of suicide. The judgment also emphasiz....
Mens rea and specific instigation are required for abetment of suicide under BNS; mere harassment does not suffice.
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