Court sets aside charges under Section 306 IPC due to lack of evidence, while upholding charges under Section 376 IPC and POCSO Act for alleged sexual offences against a minor.
In a significant ruling, the Gauhati High Court has quashed the charge of abetment of suicide against Hussain Md. Rijuan, also known as Hussain Mahammad Rizuwan, in a closely-watched case involving the alleged suicide of a minor girl in Assam. The court, however, upheld the charges related to sexual offences under Section 376 of the Indian Penal Code (IPC) and Section 6 of the Protection of Children from Sexual Offences (POCSO) Act, 2012.
The case, which has been the subject of intense public scrutiny, began with an FIR lodged by the father of the deceased, alleging that Rijuan was in a romantic relationship with his daughter, promising marriage but later reneging, which allegedly led to her suicide. The FIR also accused Rijuan of having a sexual relationship with the minor.
The High Court, presided over by Justice Anjan Moni Kalita, examined the essential elements required for abetment under Section 306 IPC, which necessitates instigation, conspiracy, or intentional aid as per Section 107 IPC. The court found no prima facie evidence of these elements in the actions of the accused. As such, the court ruled that the charge of abetment to suicide could not be sustained and set aside the cognizance taken by the Special Judge, Nagaon.
Conversely, the court found prima facie evidence supporting the charges of sexual offences. It noted the allegations of a sexual relationship between Rijuan and the deceased, who was confirmed to be a minor at the time, were substantiated by statements and circumstantial evidence, including Whatsapp messages. The court highlighted that these allegations were sufficient to uphold charges under Section 376 IPC and the POCSO Act, which are aimed at protecting minors from sexual offences.
The court's decision reflects a nuanced understanding of the legal requirements for abetment of suicide, emphasizing the necessity of clear evidence of instigation or intentional aid. At the same time, it underscores the stringent legal protections in place for minors under the POCSO Act, ensuring that allegations of sexual offences are thoroughly examined.
The ruling partially grants the petition filed by Rijuan, who challenged the cognizance of offences under multiple sections of the IPC and POCSO Act. The case will continue with the charges related to sexual offences, as the court sends the trial court records back for further proceedings.
Bottom Line:
Cognizance under Section 306 IPC set aside due to absence of prima facie evidence of instigation, conspiracy, or aiding suicide, but upheld for Section 417 IPC and Section 376 IPC read with Section 6 of POCSO Act based on prima facie evidence of sexual relationship with the deceased who was a minor at the time of the alleged offence.
Statutory provision(s): Section 306 IPC, Section 107 IPC, Section 417 IPC, Section 376 IPC, Section 6 POCSO Act, Section 29 POCSO Act, Section 482 Cr.P.C., Section 397/401 Cr.P.C., Section 161 Cr.P.C.
