Rape Convict Can Be Charged With Abetment Of Suicide If Victim Ends Life Due To Trauma Of Assault: Chhattisgarh High Court

The Chhattisgarh High Court has held that commission of rape on a woman leads to loss of her dignity and self-esteem in Indian society, which are sufficient to lead her to take the extreme step of taking away her own life and therefore, a rape convict can be held guilty for abetting suicide of the victim.Upholding conviction of the appellant/accused under Section 306 of IPC, the Bench of Justice Narendra Kumar Vyas observed–“It can be deduced that the deceased might have been left with extreme mental trauma and humiliation on account of the forcible act committed by the appellant as in Indian society, if a woman is subjected to rape, she loses her dignity, self-esteem and faces difficulty in facing the society which are sufficient to instigate her to commit suicide, thus, there is sufficient material on record that on account of commission of rape by the appellant, the victim was compelled to commit suicide on the same date of incident of commission of rape upon her as it amounts to instigation as provided under Section 107 of the IPC.”The accused/appellant allegedly trespassed into the house of the victim in the absence of her brother and sister-in-law and forcibly committed sexual assault upon her on 22.08.2004. When the brother of the victim returned to the house and asked to open the door, the victim purportedly raised alarm and informed him that the appellant committed rape upon her.The brother of the victim caught hold of the appellant and beat him with a stick. Subsequently, the appellant fled away from the spot. The victim allegedly poured kerosene on herself and set her ablaze, leading to her death on the same day. Before passing away, she informed her sister-in-law about the alleged commission of rape by the appellant and the same being the cause of her suicide.An FIR was lodged against the appellant for commission of offences under Section 376(1), 306 and 450 of the IPC. Upon completion of investigation, the police filed charge-sheet. The 1st Additional Sessions Judge, Baloda Bazar found the appellant guilty of the aforesaid charges and sentenced him accordingly. Being aggrieved, the appellant preferred this criminal appeal under Section 374(2) of the CrPC.Two main points of law arose for consideration in the case. Firstly, whether the appellant committed forcible sexual assault on the victim by trespassing into her house. Secondly, whether the appellant can be held guilty for abetment of suicide of the victim since the alleged forcible sexual assault led her to take away her own life.To dislodge the charge of rape, the appellant introduced angle of romantic relationship between him and the victim by producing certain letters allegedly written by the latter. It was further argued that since no definite medical opinion regarding recent sexual assault was forthcoming, the abetment of suicide charge cannot hold ground. It was suggested that the victim took the extreme step by feeling ashamed to be caught in a compromising position with the appellant.The Court examined the statements of the brother and sister-in-law of the victim who consistently testified that the victim disclosed about commission of rape upon her by the appellant. The evidence of sister-in-law further fortified the stance that the victim set her ablaze due to the forcible sexual assault upon her. This evidence was held relevant under Section 6 of the Evidence Act as res gestae.So far as the medical evidence was concerned, no definite opinion regarding recent sexual assault could be given as the victim sustained 85% burn and her private part also got burnt in fire. The doctor, however, stated that there was sperm on the front and inner sides of the undergarment of the victim, which was sent for chemical analysis.Nixing the contention regarding consensual sexual intercourse, Justice Vyas asserted–“Even otherwise, if the victim has love affair with the accused then why the clothes of the victim have been found in a torn condition, it has not been explained by the accused which are sufficient to dislodge the theory of love affair between the deceased and the appellant.”Resultantly, the Court held that the trial Court rightly convicted the appellant under Section 376(1), IPC. His conviction under Section 450 was also held to be justified since he committed trespass into the house in order to commit an offence which is punishable with an imprisonment for life.Further, the Court was of the view that the forcible sexual assault resulted in grave mental trauma and humiliation to the victim since in Indian society, if a woman is subjected to rape, she is deemed to lose her dignity and self-esteem. According to the Judge, this particular reason is sufficient to instigate her to end her own life. Therefore, the act of rape not only amounts to instigation under Section 107 but also metamorphoses in abetment of suicide under Section 306 of the IPC.Accordingly, the conviction of the appellant under Section 306 of IPC was also upheld. He was...

Rape Convict Can Be Charged With Abetment Of Suicide If Victim Ends Life Due To Trauma Of Assault: Chhattisgarh High Court

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Rape Convict Can Be Charged With Abetment Of Suicide If Victim Ends Life Due To Trauma Of Assault: Chhattisgarh High Court

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