The High court of Kerala passed a judgement on 24 February, 2023 which stated that a mere raising of an allegation or permitting somebody else to make an allegation cannot constitute the offence of abetment of suicide It was stated in the case of Dikhil vs State Of Kerala(Crl.M.C.No.4405 of 2019) which was passed by the single judge bench comprising of JUSTICE BECHU KURIAN THOMAS
FACTS OF THE CASE:
Pavithran committed suicide on account of the harassment meted out to him by the accused and thereby he committed the offences as alleged.The entire prosecution case is assumed to be correct, the same would not make out an offence under Section 306 of IPC against the petitioner. All the witnesses referred to one ‘Nikhil’ while the petitioner’s name is shown as Dikhil . The petitioner is to have aided the propagation of rumors and false allegations against the deceased, and also instigated the girls of a tribal colony to file complaints before the child line and tribal offices and prompted them to give false statements against the deceased. The said conduct had mentally traumatized the deceased, which led him to commit suicide.
JUDGEMENT OF THE CASE
The court regarded the nature of statements brought out during the investigation and the other circumstances, and held that even if it is assumed that the petitioner is the same as ‘Nikhil’ still an offence under Section 306 IPC is not made out as the petitioner cannot be said to have abetted the commission of suicide of the deceased Pavithran. In the above view of the matter, the proceedings against the petitioner is an abuse of the process of the court and the same is liable to be quashed.
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JUDGEMENT REVIEWED BY ROSHNI SABU, KERALA LAW ACADEMY LAW COLLEGE.
