Major Anita Rape/Suicide case; SC upheld J&K High Court order

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Jammu Tawi, April 12
Supreme Court of India has rejected the petition filed by one Sunita Devi sister of Late Maj Anita Kumari who had committed suicide at her official quarter in Bari Brahmna, Jammu in the much publicized Maj Anita suicide case.
Sister of the deceased had filed a petition seeking permission of the Supreme Court of India to file an SLP against the order passed by J&K High Court whereby the High Court had granted Anticipatory Bail to Major Anoop Kumar who had been allegedly booked for rape and abetment to suicide.
A Supreme Court bench comprising of Justice N V Ramana and Justice Prafulla C Pant after hearing the counsels for the parties ordered “permission to file Special Leave Petition is rejected”.
The Court observed orally that the case is of live in relation and both were having consensual relations and therefore the case of 376 RPC (rape) was not made out.
Advocates Sunil Fernandes, Astha Sharma, Mithu Jain and Arnav Vidi for the petitioner appeared for petitioner- sister of deceased who had prayed for arrest of the accused- Maj. Anoop Kumar.
The respondent Maj. Anoop Kumar was on caveat through A K Sawhney and Aseem Sawhney Advocates.
The counsels who appeared for the respondent before the Supreme court included Mr Dharmendra Kumar Sinha, Adv on Record, Mr Subodh Kumar Pathak and Umesh Babu Chaurasia.
It may be mentioned that Justice Alok Aradhe of Jammu and Kashmir High Court granted pre-arrest bail to Major Anoop in the Major Anita Kumari Suicide Case on Feb 23, 2017. After hearing Advocate Aseem Sawhney, appearing for the petitioner, the Court observed that both the petitioner and the deceased have been well educated and the deceased was serving as an officer in the Army. From the perusal of the material available on record, it transpired that the deceased was in live-in relationship with the petitioner for the past about five years. The Court further observed that in view of the law laid down in Akshay Manoj Jaisinghani prima facie offence under Section 376 RPC is not made out in the case.
Major Anita Kumari had committed suicide on 15th December, 2016 by shooting self with her pistol, but the Police had booked Maj. Anoop Kumar and her ex husband in the FIR lodged for offences of rape and abetment to suicide.
It was further observed by the High Court that though the petitioner has been named in the suicide note, yet the fact remains that prima facie there is no material on record to suggest any act of abetment on the part petitioner for commission of suicide by the deceased.
With these observations, the Court granted anticipatory bail to the petitioner subject to the condition that he shall make himself available for investigation as and when required.
Now the Supreme Court has upheld this Order of the High Court of J&K, thus giving a great sign of relief to Maj. Anoop Kumar.JNF

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