Unnatural Sex, Excess Sexual Act Of Husband Not An Instigation For Wife's Suicide: Chhattisgarh HC [Read Order]

Justice Arvind Singh Chandel allowed a revision petition filed by a man against whom the Trial court had framed charges under Sections 306 and 201/34 of the Indian Penal Code. His wife had committed suicide by consuming some poisonous substance.

The following were the main allegations made against the accused by the prosecution:

• That he was making physical relationship with the deceased daily.
• That he was taking medicine daily for enhancing his sexual strength and he was also showing obscene clippings to the deceased and was making unnatural sex with her.
• That when the deceased was talking at her maternal house, she was allowed to talk only after switching on the speaker of the mobile phone
• That the deceased was under suspicion that her husband was having illicit relationship with another lady.

The court, referring to Section 107 IPC, observed that a person is said to "instigate" another to an act, when he actively suggests or stimulates him to the act by any means of language direct or indirect whether it takes the form of express solicitation or of hints, insinuation or encouragement. The word "instigate" means to goad, urge forward, provoke, incite or encourage to do an act. Referring to allegations made, the bench said:

"Allegations that Applicant No.1/husband was having illicit relationship with Applicant No.4, he was making sexual relationship with the deceased daily, he was also making unnatural sexual relationship with her, he was also taking medicine daily for enhancing his sexual strength and he was also showing her obscene clippings, even if for the sake of argument they are considered to be true, these allegations cannot be said to be "instigation" as defined under Section 107 of the Indian Penal Code."

The Court then set aside the Trial court order and discharged the accused. It said:

"No doubt, the deceased committed suicide, but there is nothing available to show that the Applicants instigated or abetted her in any way to commit suicide. In the opinion of this Court, on considering and accepting the entire material available to be absolutely correct and true on their face value, no prima facie case for framing of the charges against any of the Applicants for offence punishable under Sections 306 and 201/34 of the Indian Penal Code is made out as there is no nexus and proximity with the conduct and behaviour of the Applicants with that of the suicide committed by the deceased. None of the three ingredients 11 enumerated in Section 107 of the Indian Penal Code is found in the instant case."

Read Order