HC quashes abetment to suicide charges against 3
JODHPUR, July 29 -- The state high court has quashed criminal charges against three teachers accused of abetting the suicide of a Class XII student in Bikaner in 2005, a lawyer familiar with proceedings said on Tuesday.
Allowing two connected criminal revision petitions, Justice Kuldeep Mathur set aside the Bikaner sessions court order which had framed charges against the petitioners under Section 305 of the Indian Penal Code.
The case concerned the death by suicide of a Class XII student in Roshnigar Chauraha on October 19, 2005.
It was alleged that she left behind a suicide note stating that her teachers, identified as the petitioners, used to harass and insult her and were trying to expel her from the school without any justifiable reason.
The petitioners, represented by advocates Muktesh Maheshwari, argued that after a detailed investigation, the police had submitted a negative final report after concluding that the deceased was irregular in attending classes and was not studying properly.
According to the investigation, she had been reprimanded by her teachers for these reasons and became distressed in the time leading up to the incident.
The petitioners contended that neither the complaint nor the material collected during investigation disclosed the essential ingredients required to constitute an offence under Section 305 IPC.
The bench noted that statements of teachers and classmates also showed that she had been asked to bring her father to the school if she continued to remain irregular in her studies.
Observing that for constituting an offence punishable under Section 305 IPC, the foundational requirements of abetment as defined under Section 107 IPC must first be established, It said that mere reprimand, criticism or disciplinary action, in the absence of any positive act of incitement or intentional assistance coupled with the requisite criminal intent, cannot amount to abetment of suicide.
The bench noted that, "A teacher is duty-bound to maintain discipline and may legitimately reprimand a student for irregular attendance, poor academic performance or indiscipline. Such acts, performed in the ordinary course of discharging professional duties, cannot, by any stretch of imagination, be construed as instigation or intentional aid to commit suicide."
The bench further held that there was no material available on record to indicate that the petitioners possessed the requisite mens rea or committed any positive, direct or active act intended to drive the deceased to commit suicide or to create a situation in which she was left with no option except to take the extreme step. It concluded that in the absence of essential ingredients of abetment, the offence was not made out....
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