Ashok Rai @ Amit v. State

PRADEEP NANDRAJOG, J.

ARUNA SURESH, J. FEBRUARY 09, 2009 Dharmender

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision : 9th February, 2009 + CRL. APPEAL NO.389/2008 ASHOK RAI @ AMIT ..... Appellant Through: Mr.K.B.Andley, Sr. Advocate with Mr.M.L.Yadav, Advocate and Mr.M.Shamikh, Advocate. versus STATE ..... Respondent Through: Mr.Pawan Sharma, Advocate. CORAM: HON'BLE MR. JUSTICE PRADEEP NANDRAJOG HON'BLE MS. JUSTICE ARUNA SURESH 1. Whether reporters of local papers may be allowed to see the judgment? 2. To be referred to the Reporter or not? 3. Whether judgment should be reported in Digest? : PRADEEP NANDRAJOG, J. (Oral) 1. Heard learned counsel for the parties. 2. Sunita aged years committed suicide by consuming sulphas tablets on 14.4.2003. 3. She was taken to the hospital from her house by her brother Ashok Kumar PW-5, at around 11.00 PM the preceding day, i.e. the intervening night of 14.4.2003 and 15.4.2003. 4. A suicide note Ex.PW-4/G was found and opined by Narender Singh PW-11, Government Examiner of Questioned Documents as also Vinod Kumar PW-13, Deputy Government Examiner of Questioned Documents as being in the hand of the deceased. 5. The suicide note reads as under:- "I, Sunita Verma used to take tuitions in chemistry from Amit. Since I had taken late admission some part of the course was missed and in order to complete the course Amit used to take extra classes for me. I was afraid of Amit from the very beginning and used to feel hesitant while speaking before him. While taking extra classes Amit told me to speak freely on all the issues and should treat him as a friend. He told me to come to his house and take notes from him which would help me at the examination. I went to his house with my friend and he gave me some books and notes. He called me again to his house to give me notes. He gave me some sweets saying that it was Prasad. When I ate the sweets I don"t know what happened to me because I felt extremely good pertaining to whatever he said. After that he said that he wanted to make friends with me. On his calling me to his house I went there as he spoke very sweetly with me. He said that we could become good friends and much more. I don"t know what spell he had cast on me because I started doing everything as per his asking. He established physical relations with me and I did not realize what I was doing. He said that we should not commit a mistake. One day he gave me "Mala-D" tablets. I knew why the tablets had to be taken and hence got stunned on seeing the tablets. I asked him why was he giving the tablets because he had told me that we would not do wrong acts. He enticed me with a promise of marriage. I was so trapped by him that neither was I in a position to do anything against him or tell anyone else of the same. Time passed and the relations continued. Soon his behavior changed and he started harassing me. Threatening to defame me he compelled me to submit my body before another person as he had to seek some favour from that person. Therefore, I had to attend to that person and make him happy otherwise Amit would have defamed and ruined me. I am harassed by his atrocities. Amit, whose real name is Ashok Kumar Rai is a devil and not a human being. He has spoiled me. Amit has ruined me. Amit has not left me in a position to show my face to the society. Amit has made life hell for me. Therefore, I have no option but to embrace death. Therefore, being harassed by the atrocities of Amit and to save myself from being defamed I am committing suicide. It is only Amit who is responsible for my death." 6. Ashok Kumar PW-5, the brother of the deceased who had removed her to the hospital at around 11.00 PM on 14.4.2003 deposed that when he saw his sister vomiting all of a sudden and on his asking told him that she has consumed sulphas tables, he asked the reason thereof, upon which she told him that Amit @Ashok Rai had developed intimacy with her and had been giving her Mala-D tablets. He deposed that she told him that when she refused to have physical relations w