1 2025:CGHC:20056 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRA No. 1168 of 2021 Rishi Yadav S/o Baratu Yadav, Aged About 27 Years R/o Bhilauri, P.S. Dhamdha, District Durg Chhattisgarh. ... Appellant versus State Of Chhattisgarh Through Station House Officer, Police Station Dhamdha District Durg Chhattisgarh. ... Respondent (Cause title taken from Case Information System) For Appellant : Mr. Vipin Tiwari, Advocate For Respondent/State : Ms. Priya Sharma, Penal Lawyer Hon'ble Shri Justice Ravindra Kumar Agrawal Judgment on Board 01/05/2025 1. The present criminal appeal has been filed by the appellant under Section 374(2) of the Code of Criminal Procedure, 1973 against the impugned judgement of conviction and sentence dated 20.09.2021, passed by learned Additional Sessions Judge (FTC), Durg, District VEDPRAKASH DEWANGAN Digitally signed by VEDPRAKASH DEWANGAN Date: 2025.06.09 11:08:51 +0530 2 Durg (C.G.), in Sessions Case No. 40 of 2018, whereby the appellant has been convicted and sentenced in the following manner:- Conviction Sentence U/s. 450 of IPC R.I. for 07 years and fine of Rs. 2000/-, in default of payment of fine additional R.I. for 01 year. U/s. 376(2)(n) of IPC R.I. for 10 years and fine of Rs. 2000/-, in default of payment of fine additional R.I. for 01 year. U/s. 506 (1) of IPC R.I. for 01 year and fine of Rs. 1000/-, in default of payment of fine additional R.I. for 03 months. U/s. 306 of IPC R.I. for 10 years and fine of Rs. 2000/-, in default of payment of fine additional R.I. for 01 year. All the sentences are directed to run concurrently 2. The brief facts of the case are that the deceased, who was a rape victim, lodged a written report (exhibit P-1) on 23.10.2017 to the police with the allegation that the appellant sexually exploited her since last 03 years and threatened her that, if she disclosed the incident to anyone, she would be defamed and her video would be viral. On 06.09.2017, when her parents were not in the house, the appellant forcefully entered into the house and committed rape upon her. She fed up with the regular sexual exploitation by the appellant and then she lodged the report. On the basis of the written complaint, the FIR (exhibit P-2) was registered on 23.10.2017 for the offence under Section 376 of IPC against the appellant. The victim was sent for her medical examination to Government Hospital, Dhamdha, 3 where she was being medically examined by Dr. Rachna Agrawal/PW-3, who gave her report (exhibit P-16). While medically examined the victim, no injuries have been found on her body and opined that as per her opinion intercourse has been done with the examined person, however, time since last intercourse cannot be mentioned. The examined person is referred to District Hospital, Durg for X-ray examination for determination of her age. Two slides of vaginal swab were prepared, sealed and handed over to the police for its chemical examination. Spot map (exhibit P-3) was prepared by the police and exhibit P-8 was prepared by the Patwari. The underwear of the victim/deceased was seized vide seizure memo (exhibit P-5). The appellant was arrested on 24.10.2017 and he too was sent for his medical examination to Government Hospital, Dhamdha, where he was being medically examined by Dr. Dhanwantari Prasad Thakur/PW-6, who after his medical examination gave report (exhibit P-20) and found the appellant capable to perform sexual intercourse. The 161 CRPC statement (exhibit P-28) of the victim/deceased has been recorded on 23.10.2017 and 164 CRPC statement (exhibit P-6) of the victim/deceased was recorded on 07.11.2017. 3. On 27.11.2017, the father of the victim/deceased gave a merg intimation to the police station Dhamdha that his daughter has committed suicide by hanging herself in a roof beam of his house with the help of dupatta. Merg intimation (exhibit P-9) was recorded and then the inquest (exhibit P-11) of the dead body of the 4 victim/deceased was prepared in presence of the witnesses and the dead body of the victim/deceased was sent for its postmortem to Community Health Centre, Dhamdha, where Dr. Dhanwantari Prasad Thakur/PW-6 along with Dr. Rachna Agrawal/PW-3 conducted the postmortem of the dead body of the victim/deceased and gave report (exhibit P-35). While conducting the postmortem, no external injuries except the ligature mark on the neck of the victim/deceased, were found and opined that the cause of death is cardio-respiratory arrest due to hanging and mode of death is asphyxia and nature of death is ‘suicidal in nature’. On 27.11.2017 itself, from the place of incident, one suicidal note has been seized by the police vide seizure memo (exhibit P-14), in which she disclosed that due to sexual exploitation by the appellant and annoyance, she committing suicide. The specimen writing of the victim/deceased has also been seized vide seizure memo (exhibit P-15). The suicidal note seized from the spot and the specimen writing of the victim/deceased was sent for its handwriting examination to the State Examiner of Questioned Document, Government of Chhattisgarh, Raipur, from where report (exhibit P-26) was received and opined that the handwriting of the suicidal note as well as the specimen handwriting are of the common authorship between both the sets. the ligature has also been seized vide seizure memo (exhibit P-34). Since the time gape between the alleged act of rape and the MLC of the victim/deceased is more than 1 ½ months, the vaginal slide of the victim/deceased could not be examined and the report of FSL Raipur is exhibit D-1. 5 4. Statement of the witnesses under Section 161 of CRPC have been recorded and after completion of usual investigation, charge sheet was filed against the appellant for the offence under Section 376, 450 and 306 of IPC before the learned Judicial Magistrate First Class, Durg. The case was committed to the learned Sessions Judge, Durg, from where the same has been transferred to the learned trial Court for its trial. 5. The learned trial Court has framed charge against the appellant for the offence under Sections 450, 376(2)(n), 506 Part-I and 306 of IPC. The appellant denied the charge and claimed trial. 6. In order to prove the charge against the appellant, the prosecution has examined as many as 14 witnesses. Statement of the appellant under Section 313 of the CRPC has also been recorded, in which he denied the circumstances appears against him, pleaded innocence and has submitted that he has been falsely implicated in the offence. 7. After appreciation of oral as well as documentary evidence led by the prosecution, the learned trial Court has convicted the appellant and sentenced him as mentioned in the earlier part of the judgment, hence this appeal. 8. Learned counsel for the appellant would submit that the prosecution has failed to prove its case beyond reasonable doubt. There are material omissions and contradictions in the evidence of prosecution witnesses and their evidence suffers from inconsistency and not sufficient to hold guilty of the appellant in the alleged offences. The 6 victim/deceased was a major girl having love affair with the appellant and she on her own will engaged in making consensual physical relation with the appellant. Their physical relation was continued since last 03 years and her behaviour was normal. She committed suicide for her family reason, but not for the reason that she is having physical relation with the appellant or she annoyed by any act of the appellant. He would further submit that the suicidal note itself is suspicious, because the brother of the victim/deceased has written the name of the victim/deceased in the notebook, from which the suicidal note was seized. The suicidal note has not been exhibited in evidence and the handwriting expert has not been examined in the case. Since the victim/deceased had already lodged report against the appellant for commission of the offence of Section 376 of IPC, there is no further instance of any rape upon her, which makes him liable for instigation to commit suicide. There is no proximity with the alleged incident of suicide and act of physical relation by the appellant. There is no evidence to show that the victim/deceased was instigated or abetted by the appellant to commit suicide. There is lack of cogent and clinching evidence against the appellant and therefore, he is entitled for acquittal. 9. On the other hand, learned counsel for the respondent/State opposes the submissions made by learned counsel for the appellant and has submitted that the prosecution has proved its case beyond reasonable doubt. But for minor omissions or contradictions, the evidence of prosecution witnesses is fully reliable. The suicidal note 7 seized from the spot speaks about the continuous harassment by the appellant, which defamed the victim/deceased in the family and society, which is the cause of suicide. The continuous act of the appellant does come under the definition of instigation, as the emotion of the young girl cannot be counted and her reaction cannot be assessed. There are allegation of sexual exploitation by the appellant upon the victim/deceased, for which the FIR has been lodged by herself. There are sufficient cogent and clinching evidence against the appellant available in the record, which has rightly been considered by the learned trial Court while convicting and sentencing him in the alleged offences. The impugned judgment of conviction and sentence does not suffer with any material irregularity or illegality and the appeal filed by the appellant is liable to be dismissed. 10. I have heard learned counsel for the parties and perused the record of the trial Court. 11. The unnatural death of the victim/deceased is not in dispute. From the evidence of PW-6/Dr. Dhanwantari Prasad Thakur, who conducted the postmortem of the dead body of the victim/deceased, opined that the cause of death of the victim/deceased is cardio- respiratory arrest due to hanging, mode of death is asphyxia and nature of death is suicidal. He proved the postmortem report (exhibit P-35). Further, the unnatural death of the victim/deceased was proved by the merg intimation (exhibit P-9) given by the father of the victim/deceased on 27.11.2017. Further, form the witnesses of the inquest PW-1, PW-4, PW-9, the unnatural death of the 8 victim/deceased has been proved that she died due to hanging and committed suicide in her house. 12. So far as the offence of rape against the victim/deceased are concerned, the victim/deceased could not be examined as she has died on 27.11.2017. The written complaint (exhibit P-1), her 161 CRPC statement (exhibit P-28) and 164 CRPC statement (exhibit P- 6) are available in the case, in which the victim alleged the offence of rape against the appellant. 13. PW-1, the father of the victim/deceased has stated in his evidence that on 27.11.2017, his daughter has committed suicide in his house. The appellant repeatedly committed rape upon her and threatened her that if she disclosed the incident to anyone, she would be defamed and her marriage would be obstructed. He is already married and he is having her video. After the Diwali festival, the victim/deceased was crying and when he asked the reason, she disclosed that the appellant is making gesture and calling her, by which she feels annoyed and started crying. She also disclosed that the appellant sexually exploiting her since last 03 years. She also disclosed that due to the defamation, she could not disclose the incident to anyone. She also disclosed the incident to his wife (mother of the victim/deceased). Thereafter they lodged the report to the police, which is exhibit P-1, which is in the handwriting of his daughter. The police have registered the FIR, which is exhibit P-2. Her 164 CRPC statement is exhibit P-6 and she was sent for her medical examination. She further stated that after registration of the 9 FIR, the appellant was sent to jail and then the mother and wife of the appellant made sarcastic comments and taunting the victim/deceased, as to why the victim/deceased was also not sent to jail and on her instance, their son has been sent to jail. They also taunted that at the time of her marriage, they will inform her in-laws that she was having sexual relation with the appellant and get her marriage broken. Due to the regular teasing and taunting for the reason of rape by the appellant, the victim/deceased could not bear the annoyance and defamation and she committed suicide. On the date of incident, when he came back from the field, he saw that she committed suicide by hanging and suicidal note was also there, in which she alleged that due to the act of the appellant, she is committing suicide. He gave merg intimation (exhibit P-9) to the police and then inquest (exhibit P-11) was prepared and the dead body was sent for its postmortem. The suicidal note was also seized vide seizure memo (exhibit P-14) and specimen handwriting was also seized vide seizure memo (exhibit P-15). In cross-examination, he admitted that the appellant is working in his house since 02-03 years and used to come to his house. The residence of the appellant is in the same vicinity. He admitted that on the date, when they had gone to lodge report against the appellant, no offence of rape was committed by him. He further admitted that till the day before the date of lodging of the report, the victim/deceased had not informed about any incident of rape. He voluntarily stated that due to defamation she could not disclose the incident to anyone. 10 He also denied the love affair between the appellant and the victim/deceased. He also denied that the victim/deceased was not interested to lodge report against the appellant and the report has been lodged under their pressure, for that reason she committed suicide. He admitted that the victim/deceased has informed him about the incident on 22.10.2017 and she suffered the act of rape lastly on 06.09.2017. He also denied that the suicidal note does not bear with the handwriting of the victim/deceased. From the evidence of this witness, the defence could not extracted any material to show that the victim/deceased has not disclosed about any incident of rape upon her by the appellant. From his evidence it also reveals that, the victim/deceased was facing humiliation by the act of the appellant as well as his family members. She was being ridiculed and taunted for not being a singular event, but had been a continuous feature, for which she committed suicide. 14. PW-2 is the mother of the victim/deceased. She stated in her evidence that her daughter had informed her that the appellant is sexually exploited her since last 02-03 years and whenever she remained alone in her house, he committed rape upon her. He also threatened her that he is having a video of her daughter and he would get it viral, if she disclosed the incident to anyone. Her husband was also informed about the incident and then they lodged the report to the police. After about a month of the lodging of the report, her daughter has committed suicide in her house by hanging herself and then the report has been lodged to the police. One 11 suicidal note has been seized from the spot, which has also been seized by the police, in which it has been mentioned that due to the defamation and annoyance by the act of the appellant, she is committing suicide. In cross-examination, she stated that on the second next day of the Diwali festival, her daughter has informed about the incident. She too has admitted that the appellant used to come to her house for work. She also denied that her daughter was not willing to lodge report against the appellant, but under their pressure she lodged the report, for which she was unhappy with them and ultimately committed suicide. She also denied that her daughter is having love affair with the appellant. 15. PW-4 is the neighbour of the victim/deceased. He stated in his evidence that at the time of Diwali festival, the father of the victim/deceased called him in his house and informed that the appellant has committed rape upon his daughter. Thereafter, they have lodged report to the police against the appellant. After some days of the Diwali festival, the father of the victim/deceased informed him that his daughter has committed suicide by hanging. He accompanied the father of the victim/deceased to the police station for lodging of the report. This witness has been declared hostile and not supported the prosecution’s case. In cross-examination, he admitted that the appellant regularly visited to the house of the victim/deceased and he is disclosing the fact, whatever informed him by the father of the victim/deceased. 12 16. PW-5 is the brother of the victim/deceased. He stated in his evidence that at the time of Diwali festival, when he came back from the field, he saw his sister crying. When his father came back, he informed that his sister was crying. When his father asked from her, she disclosed about the incident that the appellant is committed rape upon her repeatedly since last 1½ - 02 years. She also disclosed that the appellant gave her threatening that he would get her video viral, by which she would be defamed. Thereafter, his father along with other persons of the vicinity had gone to lodge report to the police and the report (exhibit P-1) was lodged by his sister. The family members of the appellant were humiliated his sister and taunted her for broken engagement. By the act of the appellant and his family members, his sister was in distress and after about a month of lodging the report, she committed suicide in his house. A suicidal note was also seized from the spot and the specimen writing of the victim/deceased was seized from him. In cross-examination, he too has remained firm in saying that his sister had informed about the sexual exploitation by the appellant since last 02-03 years and teasing/taunting by his family members and also the seizure of the suicidal note from the spot. 17. PW-7 is the Sub-Inspector of Police, who recorded the 161 CRPC statement of the victim/deceased. PW-8 is the witness of seizure memo (exhibit P-22), but he turned hostile and not supported the prosecution’s case, however he admitted his signature in the document (exhibit P-22). PW-9 is the witness of inquest (exhibit P- 13 11). PW-10 is the Patwari, who prepared the spot map (exhibit P-8) and spot panchnama (exhibit P-7). PW-11 is also a witness of inquest (exhibit P-11). PW-12 is the lady constable, who took the victim/deceased for her medical examination to the Community Health Centre, Dhamdha on 23.10.2017. PW-13 is the Sub-Inspector of Police, who partly investigated the offence of rape up till merg intimation lodged by the father of the victim/deceased. In cross- examination, he remained firm in procedural part of the investigation and duly supported the prosecution’s case. PW-14 is another Sub- Inspector of Police, who started investigation after 27.11.2017, when the merg intimation was given to the police. He too has proved the procedural part of the investigation. In cross-examination, he stated that on 27.11.2017, he seized the suicidal note and specimen handwriting of the victim/deceased from the spot. He sent the suicidal note and specimen handwriting for its examination to the State Examiner of Questioned Document, Police Headquarters, Raipur and obtained examination report (exhibit P-26). 18. From all these evidences, it is quite vivid that the victim/deceased was sexually exploited by the appellant since 02-03 years and she was threatened by the appellant that if she disclosed the incident to anyone, he would get her video viral and she would be defamed. As per the evidence of the father of the victim/deceased, the last incident of rape was on 06.09.2017 and at the time of Diwali festival, the appellant making gesture and calling her, by which she afraid of defamation and started crying. When the reason for her crying was 14 being asked by her family members, she disclosed the entire incident and teasing and taunting by his family members that they will inform the incident to her in-laws and her marriage would be broken. Due to the continuous harassment and sexual exploitation, she could not bear the humiliation and ultimately committed suicide on 27.11.2017. There is sufficient evidence on record that the appellant had committed rape upon her repeatedly and the act of rape and humiliation is the cause of her death. The utterance of taunting words was not merely of teasing, but of demeaning and destroying the self- esteem of young girl, who suffered the offence of rape by the appellant. 19. From perusal of the suicidal note, though the same has not been exhibited, but it can be read as a part of the handwriting expert’s report (exhibit P-26), the continuous harassment of the victim/deceased is clearly revealed and the pressure upon the victim/deceased dragged her to commit suicide. The utterance of taunting words was not merely of teasing, but of demeaning and destroying the self- esteem of young girl, who suffered the offence of rape by the appellant. 19. From perusal of the suicidal note, though the same has not been exhibited, but it can be read as a part of the handwriting expert’s report (exhibit P-26), the continuous harassment of the victim/deceased is clearly revealed and the pressure upon the victim/deceased dragged her to commit suicide. It is necessary hear to reproduce the contents of the suicidal note, which is as under:- “_"kh ;kno rqus eq>s vkt bruk etcqj dj fn;k gS fd eSa vius vki dks ykpkj vkSj csc’k eglwl djrh gwW rqEgkjh otg ls yksx eq>s ’kd ds utfj, ls ns[krs gSa ihB ihNs gWalrs gS rqEgkjh otg ls esjh ftUnxh thrs th udZ cu xbZ esjh tks gkyr gS dksbZ ugh le> ldrk eSa tks brus lkyks ls ?kqV ?kqV dj thrh vk;h gWw oks dksbZ ugh tkurk esjs thou dks rqeus vU/kdkj ls Hkj fn;k esjk dksbZ Hkfo"; utj ugh vkrk esjh dksbZ xyrh u gksrs gq, Hkh vkt eS rqEgkjs dkj.k ltk Hkksx jgh gwW esjh ’kk;n ;gh xyrh gS fd eSa ,d yM+dh gwW tks rqEgkjs nq"deksZ dk ltk Hkksx jgh gwW eSus rqEgkjk D;k fcxkMk Fkk tks rqeus esjs lkFk ckykRdkj fd;k eq>s bruk etcqj dj fn;k fd eS fdlh dks u crk ldq rqeus eq>s Mjk;k /kedk;k bruk etcqj fd;k fd eS fdlh dks u crk ldh eSus 15 rqEgkjs vkxs fdruk fxM+fxMkbZ ysfdu fQj Hkh rqEgkjk fny u ilhuk esjs lkFk nq"deZ djrs jgs vkt rqEgkjs dkj.k esjs ifjokj okys esjs ekW cki brus ijs’kku gS fd os pSu ls lks Hkh ugh ikrs eSus vius ekW cki dks bruk ijs’kku dHkh ugh ns[kk ftruk vkt ns[krh gwW eSus dHkh ugh lkspk Fkk fd esjh otg ls esjs ekW cki dks bruk d"V mBkuk iM+sxk eS dHkh ugh pkgrh Fkh dh esjh otg ls mUgsa dksbZ rdyhQ gks ’kk;n blh otg ls eSus vkt rd mUgs lp ugh crk;k Fkk ysfdu eS dc rd lgu djrh eq>s vkSj esjs ifjokj dks tks nq%[k lgu djuk iM+ jgk gS Hkxoku ls izkFkZuk d:Wxh dh fdlh Hkh ifjokj dks ,slk fnu u ns[kuk iM+s Hkxoku ls ;gh nqvk djrh gwW fd ns’k ds fdlh Hkh csVh dks ,slk fnu u ns[kuk iM+s mUgs ,sls ikih;ks ds utj ls Hkxoku cpk, j[ksa _"kh rqeus eq>s vkt bruk etcqj dj fn;k gS fd eSa rqEgkjh otg ls vkRegR;k djus tk jgh gWw vkSj Hkxoku ls ;gh nqvk d:Wxh dh rqe dHkh pSu ls u th;ks rqEgkjk Hkh thou vU/kdkj ls Hkj tk,A” 20. In the matter of “Ude Singh and others v. State of Haryana” 2019 (17) SCC 301, the Hon'ble Supreme Court has considered the ingredients of abetment and instigation and held that:- “14. When the accusation in the present case has its genesis in certain acts and utterances attributed to the accused, the meaning and expanse of the expression “abetment”, particularly on its operation in relation to the offence of “abetment of suicide”, is required to be dilated upon. Hence, before proceeding further, apposite it shall be to take note of the case law as cited and as relevant in this matter. 14.1. In the case of Ramesh Kumar (supra), a three-Judge bench of this Court held that the ingredients of Section 306 IPC were not satisfactorily proved so as to implicate and punish the accused for the same. The facts of 16 the case leading to the aforementioned decision had been that the deceased was married to the accused for about a year. The deceased committed suicide by pouring kerosene and setting herself on fire in the kitchen. On the day of incident, the accused had refused to take the deceased to her sister's house and in the quarrel that ensued, the accused-husband told the deceased-wife that she was free to do whatever she wished to and to go wherever she wanted to. The accused attempted to save her by putting a bedsheet around her body and himself suffered burns consequently. The deceased had written a letter to her husband-accused in her diary that he had made her free to go wherever she liked but she was not having any place to go and now she was free of her word not to commit suicide. In her dying declaration too, she stated that she had a quarrel with her husband who told her to go wherever she wanted to and thereafter, she set herself ablaze. The accused-appellant was convicted by the Trial Court for the offences under Sections 306 and 498-A IPC and his conviction was upheld by the High Court. In further appeal, after examining the evidence led in by the parties and taking note of all the surrounding factors, this Court, while maintaining the conviction of the appellant under Section 498-A IPC, set aside his conviction for 17 offence under Section 306. This Court observed and held inter alia, as under: "19. …… Presumably the accused may have said some such thing – you are free to do whatever you wish and go wherever you like. The deceased being a pious Hindu wife felt that having being given in marriage by her parents to her husband, she had no other place to go excepting the house of her husband and if the husband had "freed" her she thought impulsively that the only thing which she could do was to kill herself, die peacefully and thus free herself according to her understanding of the husband's wish. Can this be called an abetment of suicide? Unfortunately, the trial court misspelt out the meaning of the expression attributed by the deceased to her husband as suggesting that the accused had made her free to commit suicide. Making the deceased free – to go wherever she liked and to do whatever she wished, does not and cannot mean even by stretching that the accused had made the deceased free "to commit suicide" as held by the trial court and upheld by the High Court. 20. Instigation is to goad, urge forward, provoke, incite or encourage to do "an act". To satisfy the requirement of instigation though it is not necessary that actual words must be used to that effect or what constitutes instigation must 18 necessarily and specifically be suggestive of the consequence. Yet a reasonable certainty to incite the consequence must be capable of being spelt out. The present one is not a case where the accused had by his acts or omission or by a continued course of conduct created such circumstances that the deceased was left with no other option except to commit suicide in which case an instigation may have been inferred. A word uttered in the fit of anger or emotion without intending the consequences to actually follow cannot be said to be instigation. 21. In State of W.B. v. Orilal Jaiswal [(1994) 1 SCC 73] , this Court has cautioned that the court should be extremely careful in assessing the facts and circumstances of each case and the evidence adduced in the trial for the purpose of finding whether the cruelty meted out to the victim had in fact induced her to end the life by committing suicide. If it transpires to the Court that a victim committing suicide was hypersensitive to ordinary petulance, discord and differences, in domestic life quite common to the society to which the victim belonged and such petulance, discord and differences were not expected to induce a similarly circumstanced individual in a given society to commit suicide, the conscience of the Court should not be satisfied for basing a finding that 19 the accused charged of abetting the offence of suicide should be found guilty." (emphasis supplied) 14.2. In the case of Pawan Kumar (supra), the allegation against the accused was that as he had eloped with the deceased girl, he thought that she was responsible for the criminal proceedings against him by her family and hence, subjected her to abject teasing despite she standing with him and having him acquitted of the offences imputed. On one occasion, while the deceased was staying at her parent's home, he threatened to kidnap her and this led to her pouring kerosene over herself and setting herself ablaze. In her dying declaration, she wrote a letter narrating that the accused was responsible for the step that she had taken. Though the Trial Court had acquitted the accused of all charges, on appeal, the order of acquittal was set aside by the High Court and the accused was convicted under Section 306 IPC and was sentenced to rigorous imprisonment for a period of seven years together with fine. In further appeal, another three-Judge Bench of this Court upheld the order of the High Court with reference to the principles relating to the offence of abetment of suicide. This Court referred to several decisions, including that in 20 the case Ramesh Kumar (supra), and observed, inter alia, as under: "34. The word ‘‘abetment’’ has not been explained in Section 306 IPC. In this context, the definition of abetment as provided under Section 107 IPC is pertinent. Section 306 IPC seeks to punish those who abet the commission of suicide of other. Whether the person has abetted the commission of suicide of another or not is to be gathered from facts and circumstances of each case and to be found out by continuous conduct of the accused, involving his mental element……. xxx xxx xxx 36. The word "instigate" literally means to goad, urge forward, provoke, incite or encourage to do an act. A person is said to instigate another person when he actively suggests or stimulates him to an act by any means or language, direct or indirect, whether it takes the form of express solicitation or of hints, insinuation or encouragement. Instigation may be in (express) words or maybe by (implied) conduct. 37. The word "urge forwards" means to advise or try hard to persuade somebody to do something, to make a person to move more quickly in the particular direction, specially by pushing or forcing such person. Therefore, a person 21 instigating another has to "goad" or "urge forward" the latter with the intention to provoke, incite or encourage the doing of an act by the latter. In order to prove abetment, it must be shown that the accused kept on urging or annoying the deceased by words, taunts until the deceased reacted. A casual remark or something said in routine or usual conversation should not be construed or misunderstood as "abetment". xxx xxx xxx 43. Keeping in view the aforesaid legal position, we are required to address whether there has been abetment in committing suicide. Be it clearly stated that mere allegation of harassment without any positive action in proximity to the time of occurrence on the part of the accused that led a person to commit suicide, a conviction in terms of Section 306 IPC is not sustainable. A casual remark that is likely to cause harassment in ordinary course of things will not come within the purview of instigation. A mere reprimand or a word in a fit of anger will not earn the status of abetment. There has to be positive action that creates a situation for the victim to put an end to life. 44. In the instant case, the accused had by his acts and by his continuous course of conduct created such a situation as a consequence of 22 which the deceased was left with no other option except to commit suicide. The active acts of the accused have led the deceased to put an end to her life. That apart, we do not find any material on record which compels the Court to conclude that the victim committing suicide was hypersensitive to ordinary petulance, discord and difference in domestic life quite common to the society to which the victim belonged. On the other hand, the accused has played active role in tarnishing the self-esteem and self-respect of the victim which drove the victim girl to commit suicide. The cruelty meted out to her has, in fact, induced her to extinguish her life spark. 45. As is demonstrable, the High Court has not reversed the judgment of acquittal solely on the basis of the dying declaration. It has placed reliance on the evidence of the parents and also other witnesses. It has also treated the version of the Pradhan of the Gram Panchayat as credible. All these witnesses have deposed that the accused after his acquittal engaged himself in threatening and teasing the girl. He did not allow her to live in peace. 46. The harassment caused to her had become intolerable and unbearable. The father had deposed that the girl had told him on number of occasions and he had complained to the Pradhan. All these amount to active part played 23 by the accused. It is not a situation where a person is insulted on being asked to pay back a loan. It is not a situation where someone feels humiliated on a singular act. It is a different situation altogether. The young girl living in a village was threatened and teased constantly. She could not bear it any longer. There is evidence that the parents belong to the poor strata of the society. As the materials on record would reflect, the father could not afford her treatment when case of his daughter was referred to the hospital at Chandigarh. The impecuniosity of the family is manifest. It is clearly evident from the materials brought on record that the conduct of the accused was absolutely proactive." (emphasis supplied) 14.3 In the case of Pawan Kumar (supra), this Court also expressed serious concern over the menace of eve-teasing and its adverse impact on the civilized society while indicating the affirmative rights of a woman with reference to Articles 14 , 15 and 21 of Constitution of India. This Court referred to an earlier decision and observed as under: - "47. …..We are at pains to state that in a civilised society eve teasing is causing harassment to women in educational institutions, public places, parks, railway stations and other public places 24 which only go to show that requisite sense of respect for women has not been socially cultivated. A woman has her own space as a man has. She enjoys as much equality under Article 14 of the Constitutions as a man does. The right to live with dignity as guaranteed under Article 21 of the Constitution cannot be violated by indulging in obnoxious act of eve teasing. It affects the fundamental concept of gender sensitivity and justice and the rights of a woman under Article 14 of the Constitution. That apart creates an incurable dent in the right of a woman which she has under Article 15 of the Constitution. One is compelled to think and constrained to deliberate why the women in this country cannot be allowed to live in peace and lead a life that is empowered with dignity and freedom……. 48. In a civilised society male chauvinism has no room. The Constitution of India confers the affirmative rights on women and the said rights are perceptible from Article 15 of the Constitution. When the right is conferred under the Constitution, it has to be understood that there is no condescension. A man should not put his ego or, for that matter, masculinity on a pedestal and abandon the concept of civiliaty. Egoism must succumb to law. Equality has to be regarded as the summum bonum of the constitutional principle in this context. The 25 instant case portrays the deplorable depravity of the appellant that has led to a heart-breaking situation for a young girl who has been compelled to put an end to her life. Therefore, the High Court has absolutely correctly reversed the judgment of acquittal and imposed the sentence. It has appositely exercised the jurisdiction and we concur with the same." 14.4. In the case of Madan Mohan Singh (supra), the driver of the accused had alleged in his suicide note that the accused had driven him to the extent of committing suicide. However, on evidence, it was found that the deceased had a grudge against his superior and even though the deceased felt that he was wronged at some point in time, there was nothing available on record to prove that the accused had done anything to instigate the deceased to commit suicide. Hence, this Court observed as under: "10. We are convinced that there is absolutely nothing in this suicide note or the FIR which would even distantly be viewed as an offence much less under Section 306 IPC. We could not find anything in the FIR or in the so-called suicide note which could be suggested as abetment to commit suicide. In such matters there must be an allegation that the accused had instigated the deceased to commit suicide or secondly, had engaged with some other person 26 in a conspiracy and lastly, that the accused had in any way aided any act or illegal omission to bring about the suicide. " 15. Thus, “abetment” involves a mental process of instigating a person in doing something. A person abets the doing of a thing when: (i) he instigates any person to do that thing; or (ii) he engages with one or more persons in any conspiracy for the doing of that thing; or (iii) he intentionally aids, by acts or illegal omission, the doing of that thing. These are essential to complete the abetment as a crime. The word "instigate" literally means to provoke, incite, urge on or bring about by persuasion to do anything. 16. In cases of alleged abetment of suicide, there must be a proof of direct or indirect act/s of incitement to the commission of suicide. It could hardly be disputed that the question of cause of a suicide, particularly in the context of an offence of abetment of suicide, remains a vexed one, involving multifaceted and complex attributes of human behaviour and responses/reactions. In the case of accusation for abetment of suicide, the Court would be looking for cogent and convincing proof of the act/s of incitement to the commission of suicide. In the case of suicide, mere allegation of harassment of the deceased by 27 another person would not suffice unless there be such action on the part of the accused which compels the person to commit suicide; and such an offending action ought to be proximate to the time of occurrence. Whether a person has abetted in the commission of suicide by another or not, could only be gathered from the facts and circumstances of each case. 16.1 For the purpose of finding out if a person has abetted commission of suicide by another, the consideration would be if the accused is guilty of the act of instigation of the act of suicide. As explained and reiterated by this Court in the decisions above-referred, instigation means to goad, urge forward, provoke, incite or encourage to do an act. If the persons who committed suicide had been hypersensitive and the action of accused is otherwise not ordinarily expected to induce a similarly circumstanced person to commit suicide, it may not be safe to hold the accused guilty of abetment of suicide. But, on the other hand, if the accused by his acts and by his continuous course of conduct creates a situation which leads the deceased perceiving no other option except to commit suicide, the case may fall within the four-corners of Section 306 IPC. If the accused plays an active role in tarnishing the self-esteem and self-respect of the victim, which eventually draws the victim to commit suicide, the accused may be held guilty 28 of abetment of suicide. The question of mens rea on the part of the accused in such cases would be examined with reference to the actual acts and deeds of the accused and if the acts and deeds are only of such nature where the accused intended nothing more than harassment or snap show of anger, a particular case may fall short of the offence of abetment of suicide. However, if the accused kept on irritating or annoying the deceased by words or deeds until the deceased reacted or was provoked, a particular case may be that of abetment of suicide. Such being the matter of delicate analysis of human behaviour, each case is required to be examined on its own facts, while taking note of all the surrounding factors having bearing on the actions and psyche of the accused and the deceased. 16.2. We may also observe that human mind could be affected and could react in myriad ways; and impact of one's action on the mind of another carries several imponderables. Similar actions are dealt with differently by different persons; and so far a particular person’s reaction to any other human’s action is concerned, there is no specific theorem or yardstick to estimate or assess the same. Even in regard to the factors related with the question of harassment of a girl, many factors are to be considered like age, personality, upbringing, rural or urban set ups, education etc. Even the 29 response to the ill-action of eve-teasing and its impact on a young girl could also vary for a variety of factors, including those of background, self- confidence and upbringing. Hence, each case is required to be dealt with on its own facts and circumstances. 22. In the given set up and the respective position of the parties, if the accused No. 1 continuously addressed or called the deceased girl as his “wife”, in our view, the utterance was not merely of teasing but of demeaning and destroying the self-esteem of the young girl whose engagement had broken and whose uncle was mocking her to join him in matrimony. It was the act of humiliation of highest order for the girl, who had personally suffered the set-back of broken engagement, apart that she was unable to clear even 10th standard examination. Obviously, she was being ridiculed and taunted for her broken engagement. The other accused persons chose to join the accused No. 1 and aggravated the humiliation of the girl by addressing her as younger brother's wife or aunt. There remains nothing to doubt that the accused persons were working with the common intention to harass and humiliate the girl with reference to her broken engagement. The significant part of the matter is that such taunting and humiliation of the deceased at the hands of the accused persons had not been a 30 singular event or one-off affair but had been a continuous feature, as amply established by the prosecution witnesses. The incident of 05.05.1996 drew the final straw when the hapless girl received the same taunts from the accused persons and she even rebuked them. We find no reason to disbelieve the statement of PW-2 Jai Narain as regards the incident of 05.05.1996. Equally, there is no reason to disbelieve the statement of PW-11 Smt. Krishna that her daughter wept the whole night after the said incident; and on being frustrated and exasperated with such humiliations, expressed her intention to end her life. The fact of the matter remains that the victim girl ended her life in the early morning very next day. 23. Taking an overall view of the matter, we are satisfied that the present one had not been a case of a mere eve-teasing, insult or intimidation but the continuous and repeated acts and utterances of the accused persons were calculated to bring disgrace to the village girl and to destroy her self-esteem; rather the acts and utterances were aimed at taking her to the brink of helplessness and to the vanishing point of tolerance. It had not been a case of mere intimidation or insult. The incessant intimidation and insult of the innocent girl had been of instigation; and such instigation clearly answers to the description of abetment of suicide. 31 Therefore, in our view, the accused Nos. 1 and 3 have rightly been held guilty of offence of abetment of suicide. 24. The contention of the appellants that their intention had never been to make her commit suicide is required to be rejected because, as noticed above, the hapless girl was intentionally chosen for humiliation by the accused, who were otherwise involved in several litigations with her parents. The accused persons also knew it that the father of the girl was posted in his duty outside the village. As noticed, the intention of the accused had only been to drive the deceased to the brink of helplessness and intolerance; they in fact succeeded in doing so on 05.05.1996, when the girl rebuked them for their utterances. However, the victim girl found no way out because the humiliation at the hands of accused had been everyday affair; and, in the given set up of the society she belonged to, any action against the accused by her family was being avoided for the sake of her honour. 25. The present case indeed represents a sordid state of affairs in relation to the young girl in the rural setting, whose honour and self-esteem got brutally violated by none other but her own relatives, who found her to be the soft- target to settle their scores with her parents. The accused rather exhibited their denigrating mentality while 32 targeting the young girl, who was otherwise required to be treated by them with affection and respect, for being their niece and their cousin. The facts of this case lead only to the conclusion that the accused persons had intentionally, with their incessant acts and utterances, goaded the victim girl to commit suicide. She indeed committed suicide within few hours of her last and unbearable encounter with the accused. The acts and deeds of the accused in the evening of 05.05.1996 had been too proximate to the event of suicide by 9 a.m. in the morning of 06.05.1996. As testified by PW-11 Smt. Krishna, her daughter cried the whole night for being unable to bear the daily humiliation at the hands of the accused; and ended her life in the morning.” 21. Having considered the facts and circumstances of the case, evidence available on record and also in the aforesaid law laid down by the Hon'ble Supreme Court in the matter of “Ude Singh” (supra), this Court is of the considered opinion that the learned trial Court has rightly considered the evidence available on record holding guilty of the appellant for the alleged offences, in which I do not find any illegality or perversity to upset the well-reasoned finding recorded by the learned trial Court. 22. Consequently, the appeal filed by the appellant is hereby dismissed. 23. The appellant is reported to be in jail since 24.10.2017. He shall serve the entire sentence as awarded by the learned trial Court. He 33 is entitled for set-off of his undergone period during the trial as well as during the appeal. 24. Registry is directed to send a copy of this judgment to the concerned Superintendent of Jail where the appellant is undergoing his jail sentence to serve the same on the appellant informing him that he is at liberty to assail the present judgment passed by this Court by preferring an appeal before the Hon’ble Supreme Court with the assistance of High Court Legal Services Committee or the Supreme Court Legal Services Committee. 25. Let a copy of this judgment and the original records be transmitted to the trial Court concerned forthwith for necessary information and compliance. Sd/- (Ravindra Kumar Agrawal) Judge ved