Kalyan Sessions Court Rejects Discharge Plea Of Woman Accused In 2022 College Girl Suicide Case

Kalyan: The Kalyan Sessions Court has rejected the discharge application filed by one of the accused, Kajal Jaiswal, in connection with the 2022 suicide case of a college student who was allegedly sexually assaulted by seven well-to-do college-going boys.

“On perusal of statements of witnesses, the role of the present accused is evident. Further, it is seen that she was the last person who communicated with the victim—both telephonically and in person. Considering the charge sheet, there are prima facie grounds to proceed against the applicant/accused. At this stage, it cannot be said that there are no grounds to proceed against her or that the ingredients of Section 107 of the IPC are not made out. Therefore, it is not proper to consider the discharge application,” the court observed in its order.

The advocate for Kajal argued that the FIR, registered on June 15, 2022, at Kolsewadi Police Station, names her and other co-accused under Sections 305, 306, 376(d), and 354 read with Section 34 of the Indian Penal Code, along with sections of the POCSO Act and the Information Technology Act.

The defence contended that at most, only Sections 305 and 306 read with Section 34 of the IPC would apply to Kajal. It was argued that the victim died by suicide on June 12, 2022, and an Accidental Death Report (ADR) was initially registered. Later, based on alleged suicide notes found on the victim’s mobile phone, the FIR was registered.

According to the FIR, Kajal had called the victim before the incident. The defence claimed that it was, in fact, the victim who called Kajal, as evidenced by Call Detail Records (CDR/SDR). It was also argued that 15 notes were recovered from the victim’s phone, but none explicitly named Kajal as having harassed or abetted the victim’s suicide.

The defence pointed to two prominent notes and referenced the Bombay High Court’s earlier observations during the bail hearing, where doubts were raised about the conduct of the victim’s mother, who was allegedly aware of the harassment.

It was further submitted that the victim had been mentally disturbed and had previously attempted suicide. The defence stated that while the prosecution claims Kajal helped the co-accused, it relies solely on conversations among the co-accused, where Kajal’s name is mentioned.

The defence also highlighted alleged contradictions in witness statements and the FIR.

However, the prosecution argued that Kajal, listed as Accused No. 8, was arrested the same day the FIR was registered. Her name is clearly mentioned, and her mobile phone was seized. It is established that she was in contact with the victim before her death and was a known friend.

The prosecution submitted that the co-accused had possession of an obscene video of the victim, which they allegedly used to sexually exploit her, leading to her suicide. It further argued that Kajal had knowledge of this video and was the one who informed others about the victim’s death.

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The prosecution maintained that there is a prima facie case against Kajal and that the authenticity and content of the suicide notes are issues to be addressed during the trial. On this basis, the court was urged to reject the discharge plea, which it eventually did.