IndiaSuicide if denied marriage, girl accused of instigating, now SC has given...

Suicide if denied marriage, girl accused of instigating, now SC has given this decision


Highlights

  • Allegations against the girl, she had refused to marry, so the boy committed suicide in front of his house
  • The police argued that the boy was in a relationship with the deceased and refused to marry, so the boy committed suicide.
  • Supreme Court said – eating poison outside the house does not in itself prove the relation with the girl

New Delhi
The Supreme Court has said that a case of abetment to suicide can be made only if the accused has an active role in it and the accused has such an act which is intended to compel the victim to commit suicide. The top court quashed the abetment to suicide case against the accused girl in the trial court. The girl was accused of refusing to marry the boy, then the boy committed suicide by consuming poison in front of her house.

Running a case without sufficient evidence is a mockery of justice
A bench headed by Justice RS Reddy of the Supreme Court said that a case of abetment to suicide is not made out unless the accused has acted positively. In such a case it would be a mockery of justice to face the accused without sufficient material.

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When someone commits suicide, a case of abetment to suicide is made out against the accused only if there is evidence that he has played an active role in the case of abetment to suicide and has a positive role and there is such an intention that the victim may have come into such a situation. Let him commit suicide. There should be such a direct role of the accused and the intention should be that the victim should be forced to commit suicide.

Case of abetment only when the accused has an active role
The Supreme Court, in its judgment, said that in the testimony of the witnesses that the deceased accused was in love with the girl and there is no evidence that the girl was in a relationship with the deceased. Merely committing suicide by consuming poison of the victim in front of the girl’s house does not in itself prove that the accused girl was in any way in a relationship with the victim boy.

In case of abetment to suicide, it is necessary to have a mental process. In order to abet the victim to commit suicide, the accused has done such an act which is intended to cause the victim to commit suicide. Unless the accused has played an active and positive role in abetment to suicide, he cannot be held guilty.

Abetment to suicide i.e. to run a case under Section 306 of the IPC, there should be an active and direct role of the accused that the victim is compelled to commit suicide and he is left with no option and he commits suicide.

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The Supreme Court said that there is no evidence on record that the accused had any relation with the deceased and there is no evidence that the accused abetted the boy (deceased boy) to commit suicide. In such a case, in the lower court of Meerut, the case against the accused girl for abetment to suicide and under other sections is dismissed.

What is this whole matter?
The brother of the deceased boy had complained to the TP Nagar police station in Meerut that on May 4, 2018, the girl had called his brother to his house. There the girl and her family abused her brother and gave him poison, which led to his death.

The police first registered a case of murder and under the SCST Act. But, after investigation, after the report given by the police, a case was made against the girl for abetment to suicide and other sections.

According to the police, the boy had gone to the girl’s house and had a vial of poison in his hands. He had shouted that if he (the girl) refused to marry, he would eat poison and ate poison in front of his house. Later he died.

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The trial court issued a non-bailable warrant against the girl. The girl first approached the Allahabad High Court, but after the application was rejected, she moved the Supreme Court. In the petition, it was said on behalf of the girl that there is no evidence that the girl had forced the boy to commit suicide.

At the same time, the prosecution had argued that the petitioner girl was in a relationship with the deceased and had refused to marry, so the boy had committed suicide. The Supreme Court rejected the order of the Allahabad High Court and while accepting the girl’s appeal, the trial going on in the lower court was also quashed.

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