MUMBAI: The Bombay High Court bench of Justice Surendra Tavade at the Aurangabad seat, last week, dropped charges of extortion and abetment of suicide against two men, booked for the suicide of a rape accused.
The bench was hearing a petition filed by Ramdas Mohite (60) and Suryaprakash Giri (49) challenging the charges of extortion and abetment to suicide, framed against them by a sessions court in Latur.
The duo was booked by the Latur Police on a complaint filed by one Mainabai Hanvate, alleging that they demanded Rs 500 from her to get the arrest warrant issued against her son, cancelled. Her son was booked in a rape case and was apprehending his arrest.
According to Hanvate's complaint, the duo came to her house in September 2011, and informed her that an arrest warrant has been issued against her son. They demanded Rs 500 from her to get the said warrant cancelled.
In her plaint, Hanvate further alleged that they again visited her house and this time assaulted her son and even threatened him. They further demanded Rs 1,000.
However, her son committed suicide two days later by hanging himself on a tamarind tree outside their house. She claimed that the duo instigated him and compelled him to commit suicide by harassing him.
The bench noted that the contention of beating up her son by the accused was an afterthought as the statements of a few witnesses suggested that the deceased was with his friends prior to committing suicide.
"Even if it is presumed that the accused had visited Hanvate's house, then also it does not establish that they had aided or abetted her deceased son to commit suicide," Justice Tavade noted.
"In the FIR, Hanvate has simply stated that the accused had demanded money and asked her to get the warrant of her son cancelled. It is also alleged that they were harassing her. Even if, the said statement is taken as it is, it does not disclose that they had in any way or in any manner instigated or aided the deceased to commit suicide," the bench said, adding, "There was no active or positive role played by the accused in committing, instigating or abetting the deceased to commit suicide."
As far as the charge of extortion is concerned, the bench said that the charge wasn't established even prima facie.
"At the most it can be said that the applicants had demanded money for giving information of issuance of warrant against the deceased. If the facts of the case are taken as it is, these cannot fall under the definition of extortion. Therefore, the offence of extortion is also not made out against the applicants," the judge said while discharging the duo.
