New Delhi: The principal of a Delhi University college has been summoned as accused by a court in an abetment of suicide case of a woman employed with the institution, saying there was sufficient prima facie material to proceed against him.
Metropolitan Magistrate Jagminder Singh summoned Bhim Rao Ambedkar College principal GK Arora and another official Ravinder Singh in the case, while rejecting the closure report of the police.
The court was also hearing a protest petition, filed by Uday Gupta, counsel for the deceased woman's husband, raising objection on the conclusion arrived by Investigating Officer (IO) in the final report.
"There is sufficient prima facie material against accused G K Arora, Principal and Ravinder Singh, senior upper divisional clerk (UDC) to charge sheet them and to summon them for the offence under section 306 (abetment of suicide) of the IPC," the court said.
"Issue summons to both accused for September 29, 2014," it said, while rejecting the closure report filed by police.
The court also noted that though the woman had mentioned several names in her suicide note, she made specific allegations of physical and mental torture against Arora and Singh in her dying declaration.
"In dying declaration dated October 1, 2013 she specifically made allegations against GK Arora, Principal and Ravinder Singh, senior UDC, that they had made her life very difficult and they were also sexual harassing her. She further clearly stated that because of their torture from different angles, she was compelled to commit suicide," the court noted.
The prosecution's case was that on September 30, 2013, the woman, an employee of the college, had burnt herself in front of the Delhi Secretariat. From there she was taken to JPN Hospital and a case was filed under section 309 (attempt to commit suicide) of the IPC.
Later on, during the treatment, she succumbed to her injuries and section 306 (abetment of suicide) of the IPC was added by the police.
In its order, the court also said the principle behind the admissibility of dying declaration is that normally a person shall not tell lie at the time he is going to die.
"In both dying declaration as well as suicide note, the victim named both the alleged accused persons that is GK Arora, Principal and Ravinder Singh, Senior UDC that because of their torture and harassment, she had committed suicide; but they are kept in column No 12 (a column of the accused against whom trial cannot proceed) by the IO as not chargesheeted," the court said.
In her dying declaration, the woman had made allegations against the principal and Singh claiming that because of their torture she was forced to commit suicide, adding that they were torturing her physically and mentally because they wanted to establish physical relations with her.
However, the investigating officer (IO) of the case, finally concluded that the basic ingredient of the alleged offence are not fulfilled against any of the accused and thereafter, their names were kept in column No 12 and final report was filed without chargesheeting any of the accused.
Police said the woman committed suicide without fault of anybody else and she herself was a habitual complainant against her senior officers.
However, the counsel for the victim filed protest petition raising objection on the conclusion arrived by the IO, arguing that police had not investigated the case in fair manner and deliberately not chargesheeted any of the accused despite the fact that there are sufficient prima facie material against accused persons.
The victim's counsel had also placed on record copies of various complaints and inquiry report filed by the deceased against the accused persons regarding her harassment by them in the college where she was working and later on was terminated from her service by the principal.
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