Back
RAJ BEER SINGH
Dharmendra Goyal – Appellant
Versus
State of U. P. – Respondent
| Table of Content |
|---|
| 1. review of prior court order context. (Para 1) |
| 2. arguments for and against discharge application. (Para 3 , 4) |
| 3. summary of legal standards for abetment. (Para 5 , 6) |
| 4. standards for examining discharge applications. (Para 7 , 8 , 9 , 10 , 11 , 12) |
| 5. assessment of evidence against revisionist. (Para 13 , 14) |
| 6. decision to set aside prior order and remit. (Para 15 , 16) |
JUDGMENT
Raj Beer Singh, J.
The present criminal revision has been preferred against the order dated 16.08.2022, passed by the learned Additional Sessions Judge/Special Judge, POCSO Act (1st), Court No.16 Gautam Buddha Nagar in Special Trial No. 559 of 2018 (State v. Dharmendra and others), Crime No. 202 of 2018, under Sections 306 , 354, 506 IPC and Section 7 /8 of POCSO Act, P.S. Sector-24 Noida, District Gautam Buddha Nagar, whereby the application of revisionist-accused for discharge has been rejected.
2. Heard learned counsel for the revisionist, learned counsel for the informant and learned A.G.A. for the State.
3. It has been argued by the learned counsel for the revisionist that the impugned order is against facts and law and thus, liable to be set aside. There is absolutely no evidence to ind
For abetment of suicide under IPC Section 306, mens rea and instigation are essential. Mere marital discord and insults do not constitute sufficient grounds for abetment. The trial court committed il....
To establish abetment of suicide under Section 306 IPC, it must be proved that the accused's conduct directly instigated the victim to commit suicide, which was not demonstrated in this case.
Mens rea must be evident for abetment of suicide under IPC; mere disciplinary actions do not constitute instigation without specific intent or severe psychological harassment.
Abetment of suicide under IPC necessitates proof of direct or indirect acts by the accused compelling the victim to commit suicide, which must be supported by credible evidence.
The court held that mere allegations of harassment do not establish abetment of suicide under Section 306 IPC without direct evidence of instigation or encouragement.
The absence of provable instigation or direct involvement by the accused in the suicide precludes criminal liability under Section 306 IPC.
The court held that mere inquiry by a teacher regarding a student's misconduct does not constitute abetment of suicide under Section 305 IPC, as there was no mens rea or inducement.
The assessment of materials at the stage of consideration of charge is different from the appreciation of evidence at the trial stage, and the court must form an opinion based on the available materi....
At the initial stage of deciding whether the accused ought to be discharged, the truth, veracity, and effect of the evidence are not to be meticulously judged. The accused has no right to produce any....
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
