Tiruvallur: Tiruvallur district police invoked Section 106 of Indian Penal Code to let off a girl who killed her attacker in a self-defence. The girl killed a man who tried to rape her in Sholavaram near Tiruvallur and the initiative of the police to release the girl from murder charges received a lot of laurels from the legal fraternity and activists.
On January 2 late evening, the 19-year old girl was proceeding to attend nature's call when S Ajithkumar, 24, an alcoholic who was trailing her for some time has intercepted her. When she attempted to flee, he fished out a knife and threatened to harm her if she raised an alarm.
He attempted to rape the girl but the girl gaining her strength pushed the perpetrator away during which the knife slipped out of his hand. She picked the knife up and stabbed him on his neck several times until he collapsed. He died on the spot, according to police.
The teenage girl rushed to the Sholavaram police station and surrendered herself. The cops went to the spot and rushed the body to Stanley Government General hospital for post-mortem.
Ponneri DSP Kalpana Dutt said Ajithkumar was a 10th standard drop out. He was the victim's relative. Ajithkumar was separated from his wife following a domestic dispute. He was an unemployed alcoholic and had theft cases pending against him. He used to move with a knife looking for easy prey.
Speaking to ETV Bharat, Superintendent of Police A Aravindan said the girl had surrendered herself before the police station after stabbing Ajith, who is her distant relative. She had taken the extreme step after he attempted to sexually assault her.
"We have treated this an act of self-defence by the victim and released her from the case. The case has been altered to section 106 IPC (Right of private defence against deadly assault when there is a risk of harm to innocent person) from section 302 IPC (Punishment for murder - whoever commits murder shall be punished with death or imprisonment for life, and shall also be liable to fine)", he mentioned.
Aravindan said she has been kept in Government Home for protection.
The legal fraternity and the activists hailed the decision of Tiruvallur police.
A woman advocate and activist, JJA Neethu said the girl had fought back the attacker valiantly. The Superintendent of Police A Aravindan and Ponneri DSP Kalpana Dutt had taken the right decision in the case.
She said, “If all the women facing sexual assault resort to such steps they would be safe and perpetrators of the crime would stay away from sexual assaults”.
Hailing the decision of Superintendent of police, a senior advocate practising in Madras High court and Supreme Court, K Elangovan said this is a clear case of self-defence. Though the law explains what self-defence is, our police never investigate from that angle, he opined.
In most of the cases, police are in a hurry to arrest anyone suspected or accused in the crime and the investigating officer ends up justifying in the first place why the arrest has been made.
"In the given case the girl had no other alternative but to save herself. In my career as a defence counsel I have always felt the need for a bold and honest investigating officer who does not rush in arresting a person but collect evidence and act”, he stated.
It can be recalled that Madurai district police dealt a case in the same manner earlier. A woman attacked and murdered her husband with a cricket bat when he attempted to rape his own daughter in Madurai district in 2012. After thorough investigations, the then Madurai district Superintendent of Police of Asra Garg judiciously directed that the woman be booked under 100 IPC so her actions do not attract any penal action.
