Girl, who stabbed her father to death acted in self-defence: HC

Criminal proceedings pending before a lower court in Sriperumbudur against a 19-year-old girl, who stabbed her father to death when he attempted to molest her, have been quashed by the Madras High Court.

“What was attempted to be done to the petitioner (the girl) was an unbearable and intolerable violence. The petitioner was justified in killing her father or otherwise, she would have fallen a victim of rape or in the efforts she would have lost her life. In view of this, I am inclined to quash the proceedings,” said Justice S Nagamuthu.

The judge was allowing a criminal original petition from the girl, a college student, seeking to quash the proceedings pending before the District Munsif-cum-Judicial Magistrate in Sriperumbudur for an offence under Sec. 304(ii) of IPC.

Quoting the writings of Gandhiji in his book ‘Harijan’, the judge observed that “when a woman is assaulted, she may not stop to think in terms of himsa or ahimsa. Her primary duty is self-protection. She is at liberty to employ every method or means that come to her mind to defend her honour. God has given her nails and teeth. She must use them with all her strength and if need be, die in the efforts...”.

According to the petitioner, her father, a drunkard, attempted to rape her on May 17 last year when she was alone in the house.

Shocked by the animal behaviour of her father, she picked up a knife and stabbed him thrice in the stomach. And he died. Criminal proceedings were launched against her in the lower court.

The judge observed that the materials placed by way of police report, statement of witnesses and documents, did not make out an offence for any trial. Then it would not be lawful to allow the trial to go on as the same would only be a wasteful exercise. Apart from that, making a woman like the petitioner undergo the ordeal of trial when obviously she had not committed any offence would again be a very serious human rights violation.

“Therefore, if the court is satisfied that no offence is committed by the petitioner, then, it is appropriate for this court to quash the proceedings,” the judge said.

It was the positive case of the prosecution itself that the deceased father, who was supposed to protect the modesty of his daughter, exhibited animal behaviour and attempted to rape her at knifepoint and kill her. The petitioner had acted only in the exercise of private defence to save her modesty and life. She was entitled to the benefits granted under Sec. 96 and 100 of IPC, the judge added.