• What kind of case police can file for suicide with no proof

There is a lady maid of age around 16-17 years committed suicide in her house in the night after she finished the work at workplace

Parents of the lady filed a case saying her daughter is raped by the son of the land lord and hanged by his father.

Post mortem report says, she is not killed but hanged herself, She is not raped before her death,but she is participating in sex from some time.

The boy has proofs saying he is not staying in the city when the incident happened and there is no direct proof on his father, as the lady hanged herself as per post mortem report. 

Police is asking to reveal the person who is maintaining the relation with the lady, but the boy and his father has no information. Police is saying that if there is no information, the case will be filed on the boy's father. 

1. As the boy has some proofs that he is not available at the incident from last 30 days, is he safe? 
2. What kind of cases  police can file on the boy and his father. 
3. Can we apply bail for his father, if yes how many days it will take and what kind of punishments will come if police cannot prove anything
Asked 6 months ago in Criminal Law from Hyderabad, Telangana
Religion: Hindu
1)only if FIR is lodged against father or son can you file for AB 

2) police may file case for abetment to suicide  under section 306 of IPC if they have any evidence that you or your father instigated the maid to commit suicide 

3)Merely on the allegations of harassment without there being any positive action, proximate to the time of occurrence by the accused, which led the person to commit suicide, conviction in terms of Section 306 (abetment to suicide) of IPC is not sustainable,"
Ajay Sethi
Advocate, Mumbai
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1. Mere proof is not enough to avoid prosecution.
2. Case under section 304B can be filed.
3. His apply for anticipatory bail for the father and boy but chances seems bleak. 
No punishment is there if the accused persons are acquitted of charges.
Devajyoti Barman
Advocate, Kolkata
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It is not the duty of the boy and his father to find out who the deceased was having sex with. It is for the police to unearth this fact. The boy should share all the proofs of his innocence with police. If FIR is filed against him for rape and murder then he should apply for and obtain anticipatory bail. 
Ashish Davessar
Advocate, Jaipur
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1.  Creating alibi is not a big thing but how will you convince police who will not listen to anything especially when they are stranded clueless for the possible reason for her suicide.  However the boy can challenge the charges during trial on this basis.



2.  The police may file abetment to suicide against anyone or even both.






3.  If the father has been arrayed as an accused, it would better he applies for anticipatory bail and then challenge the case in trial proceedings.
T Kalaiselvan
Advocate, Vellore
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128 Consultations
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1) if father statement is recorded before magistrate it would stand judicial scrutiny 

2)if your  father should refuse to sign any statement which incriminates him

3) it should not take more than a month to obtain AB 

4) the evidence of maid family members and friends against boy or his father of harassment which forced maid to commit suicide would convince court of your hand in the crime 
Ajay Sethi
Advocate, Mumbai
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Do not sign any document as you will then have to prove that it was signed under duress. AB may take around a week. In your case the AB may be granted by only the HC and not court below as the offence alleged is rape. 
Ashish Davessar
Advocate, Jaipur
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1.  It can be denied in the court during trial since the same has been obtained by force.




2.  It depends on several factors, in normal circumstances it should be within 15 days.



3.  The court will not seek evidence, it is the duty of the prosecution to prove the case beyond doubt.
T Kalaiselvan
Advocate, Vellore
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128 Consultations
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