IPC

Sanjay Bansal (Partner) 25 September 2009

it seems there's none.

Adinath@Avinash Patil (advocate) 26 September 2009

I think there is no reported case law,but we can find out from unreported cases from various high corts & supreme court.

A Mishra (Director) 26 September 2009

There is one reported case of Shaik Ibrahim v. State of A. P. 2005 (1) Andh LD (Cri) 163 decided on 4/8/2004. In this case the conviction and sentence of one of the accused was upheld by the Ld. Single Judge of A.P. High Court by holding and observing as under:-
“ 39. It is a case of young girl of 15 years and the allegation made against her is relating to her chastity. On hearing the allegations, the immediate reaction is that she went into the kitchen and poured kerosene and set fire on herself. This is the direct proximate action and the result of the utterances made by A1. It may be that there was no intention on the part of A1 or A1 might not have expected that this young girl would resort to such maximum step which is unfortunate. As per clear evidence available on record that A1 made such utterances, which cannot be disbelieved. Suggesting that the deceased is not having good character and that though some love affair was suggested and that, because both the accused and deceased belong to two different religions, the problem had erupted, these suggestions in the considered opinion of this Court are definitely uncharitable. It is no doubt true that for want of legally acceptable evidence, the Accused 2 and 3 are entitled to benefit of doubt, but this cannot be stretched too far and extended to A1 in the light of his direct involvement as spoken to by the P.Ws. 1 and 2. Hence, this Court is of the considered opinion that on consideration of both factual aspects and questions of law involved in the matter, the deceased Bhavani, young girl would not have committed suicide, but for the acts and utterances made by the accused on the fateful day. Hence, in the light of the peculiar facts, this Court is satisfied that the ingredients of Section 305 are attracted. Though serious attempt was made by the learned Senior Counsel to bring the offence under Section 506 IPC. In fact the learned Judge after recording the findings in detail, had taken a lenient view taking into consideration the age of the accused.

A Mishra (Director) 26 September 2009

There is one reported case of Shaik Ibrahim v. State of A. P. 2005 (1) Andh LD (Cri) 163 decided on 4/8/2004. In this case the conviction and sentence of one of the accused was upheld by the Ld. Single Judge of A.P. High Court by holding and observing as under:-

“ 39. It is a case of young girl of 15 years and the allegation made against her is relating to her chastity. On hearing the allegations, the immediate reaction is that she went into the kitchen and poured kerosene and set fire on herself. This is the direct proximate action and the result of the utterances made by A1. It may be that there was no intention on the part of A1 or A1 might not have expected that this young girl would resort to such maximum step which is unfortunate. As per clear evidence available on record that A1 made such utterances, which cannot be disbelieved. Suggesting that the deceased is not having good character and that though some love affair was suggested and that, because both the accused and deceased belong to two different religions, the problem had erupted, these suggestions in the considered opinion of this Court are definitely uncharitable. It is no doubt true that for want of legally acceptable evidence, the Accused 2 and 3 are entitled to benefit of doubt, but this cannot be stretched too far and extended to A1 in the light of his direct involvement as spoken to by the P.Ws. 1 and 2. Hence, this Court is of the considered opinion that on consideration of both factual aspects and questions of law involved in the matter, the deceased Bhavani, young girl would not have committed suicide, but for the acts and utterances made by the accused on the fateful day. Hence, in the light of the peculiar facts, this Court is satisfied that the ingredients of Section 305 are attracted. Though serious attempt was made by the learned Senior Counsel to bring the offence under Section 506 IPC. In fact the learned Judge after recording the findings in detail, had taken a lenient view taking into consideration the age of the accused.