The Allahabad High Court granted conditional bail to a man accused of molesting a minor girl, threatening and forcing her to commit suicide.
A single-judge bench of Justice Samit Gopal held that, “There is no abetment and instigation of any kind by the applicant which has any nexus with the death of the deceased, the applicant has no mens-rea at all, there is no overt act whatsoever of the applicant, which resulted in the death of the deceased, the applicant has no motive at all to commit the offence. The applicant has no criminal history,”
Counsel for the applicant argued that the applicant has been falsely implicated in the case. It is argued that the applicant is father of co-accused Akash. It is argued that the allegations although are of the applicant along with other co-accused persons stating of the victim to get married or the other option was that she may end her life after which she consumed poisonous substance is not an abatement or instigation.
Counsel for the applicant further argued that there is no abetment and instigation of any kind by the applicant which has any nexus with the death of the deceased, the applicant has no mens rea at all, there is no overt act whatsoever of the applicant, which resulted in the death of the deceased, the applicant has no motive at all to commit the offence.
However, State counsel opposed the prayer for bail and argued that the applicant is named in the F.I.R. and due to the conduct of the applicant the deceased consumed poison and died.
The applicant was protecting his son who had molested the daughter of the first informant and was teasing her after which the applicant and the co-accused insulted her as a result of which she consumed poison and committed suicide.
“After having heard Counsels for the parties and perusing the record, it is evident that the victim committed suicide by consuming poison. The co-accused Kamal Singh has been granted bail by a coordinate bench of the Court”, the court observed.
The prosecution case as per the F.I.R. lodged on November 7, 2020 , under Sections 354, 305, 504, 506 I.P.C. and Section 7/8 POCSO Act, by the father of the prosecutrix naming the applicant and two other persons and his other family members as accused stating therein is that his daughter aged about 15-16 years was being teased by Akash who is his neighbour while going to school who told her that he likes her asked her to run away with him.
On November 6, 2020, his daughter went to the school for certain inquiries and on the way Akash again held her and molested her to which she raised an alarm on which Akash ran away. She then told him about the incident, after which he and his brother Santosh told the same to Amar Singh@Pappu Yadav, who is the applicant and father of Akash about it on which Akash, Amar Singh and Kamal Singh came to the house and started hurling abuses and told him to marry his daughter or she may commit suicide. She will only get relief for this problem by the said two options otherwise they would forcibly take her away.
His daughter then went inside the house crying and after the accused persons went away threatening them, he saw his daughter vomiting and on asking her she stated that she consumed poison.
She was taken to hospital where the doctor declared her dead. The ward boy of the hospital found suicide note from her pocket which is in handwriting of the deceased.