HC relief for nine accused booked for abetting suicide of ‘molester’ college principal
Observing that the assailants did not forcibly shave the head or moustache of a college principal, who committed suicide after being assaulted, the Bombay High Court granted pre-arrest relief to nine people. The principal was assaulted as he had molested two girls of higher secondary standard from his college.
The observations were made by a Division Bench of Justice Vijaya Tahilramani and Justice Sandeep Shinde while hearing a plea moved by the nine assailants. They had challenged the orders of a Pandharpur sessions court that had turned down their plea for pre-arrest relief.
According to the prosecution’s case, the deceased Dilip Khadtare, principal in a College at Sangola, Pandharpur, was assaulted by the family. The incident occurred after the girls informed their family members that Khadtare had forcibly embraced and kissed them.
The girls stated that Khadtare had molested them thrice and threatened them not to disclose the information. He demanded that they continue to obey his orders and in return he would grant them extra marks in the annual examinations.
After hearing about the incident, the family members barged into the college and assaulted Khadtare. The infuriated family members had even poured diesel and oil on him.
After the incident in which he got exposed, Khadtare committed suicide in May. His nephew thereafter lodged a complaint against the family members of the two girls.
In the complaint, the nephew alleged that Khadtare was assaulted in public and has also claimed that the deceased was abused over his caste, after which Khadtare committed suicide.
After scrutinising the material on record, Justice Tahilramani said, “It is too much to expect that all the nine accused in unison abused him in relation to his caste, hence, it appears that this allegation has been made in the FIR only to ensure that the accused face the bar under the SC & ST (Prevention of Atrocities) Act.”
While considering the aspect of abatement of suicide, the judges said that though Khadtare was assaulted, he did not sustain severe injuries.
Justice Tahilramani said, “It is pertinent to note that it is not anyone’s case that they tried to set Khadtare on fire. The assault has not resulted in any injuries to him. It is also noticed that none of the accused indulged in any act such as removing Khadtare’s clothes or forcible tonsuring of head or even removing moustaches or painting face or body which would fall under the purview of the SC and ST Act.”
“The act done by the accused persons cannot be stated to be such that it was derogatory to the human dignity. The facts, in any manner, do not show that the accused are responsible for his suicide rather it is his act of misbehaviour with the girls, that was exposed in public that led to the incident,” Justice Tahilramani added.