Mumbai, January 20, 2024: The Special Court for Protection of Children from Sexual Offences (POCSO) in Greater Bombay has rejected the bail application of Mohommad Kayum Mohommad Rafiq, also known as Khalifa, in connection with a domestic abuse and abetment to suicide case. The order, pronounced by Additional Sessions Judge Priya P. Bankar, came in response to Criminal Bail Application No. 46 of 2024, linked to C.R. No. 575/2023, filed at Deonar Police Station.

Case Background

The accused, 35-year-old Mohommad Kayum Mohommad Rafiq, was arrested following the tragic death of his wife on October 28, 2023. The case was registered under Sections 306 (abetment of suicide), 498-A (cruelty by husband or relatives), 323 (voluntarily causing hurt), 504 (intentional insult with intent to provoke breach of peace), and 506 (criminal intimidation) of the Indian Penal Code (IPC).

Allegations Against the Accused

According to the prosecution, the deceased had been subjected to domestic violence and financial harassment since her marriage to the accused on August 20, 2020. Reports indicate that she had frequently complained to her mother about the physical and emotional abuse inflicted by her husband. The accused allegedly demanded money from the deceased’s maternal family and refused to provide financial support for household expenses.

In one of the most distressing allegations, the deceased’s mother reported that her daughter had been physically abused over an unfulfilled demand of Rs. 30,000 for an air conditioner. The day before the suicide, on October 28, 2023, the deceased called her mother, stating that her husband was abusing her and denying her food. During the call, the accused allegedly insulted the deceased’s mother, saying, “Do whatever you want to do,” before disconnecting the phone. Later that morning, at approximately 11:30 a.m., the accused informed the deceased’s family that she had died by suicide while he was away from home.

Defense Arguments

Defense counsel Advocate Bind Devilal argued that the accused had been falsely implicated and contended that there was no direct evidence linking him to the abetment of suicide. The defense maintained that for a charge under Section 306 IPC to stand, there must be clear evidence of instigation, conspiracy, or intentional aid, none of which were present in this case.

The defense further argued that the charge sheet had already been filed, and the accused’s continued detention was unnecessary. They also pointed out that a significant duration would be required for the case to conclude, making bail a reasonable option.

Court’s Decision

After hearing both parties, the court rejected the bail plea, citing the gravity of the offense and the strong prima facie evidence against the accused. Judge Bankar highlighted that there was a direct link between the accused’s alleged abusive behavior and the victim’s suicide, making his role in the crime evident. The court also noted that the deceased was a mother to a two-year-old child, making it unlikely that she would take such an extreme step without substantial distress.

Further, the court observed that the accused was the sole person present with the deceased at the time of the incident, and the sequence of events strongly indicated his involvement in the case. Given the severity of the charges and the potential risk of the accused evading trial, the court ruled against granting bail.

Conclusion

The court’s decision underscores the judiciary’s firm stance on cases of domestic violence and abetment to suicide. This ruling serves as a reminder of the legal repercussions of domestic abuse and highlights the judiciary’s commitment to justice for victims of such crimes.

The case will now proceed to trial, where the accused will have the opportunity to present his defense. Meanwhile, the prosecution continues to build its case to ensure justice for the deceased and her grieving family.