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MILIND N. JADHAV
Sushmita Lalchand Yadav – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT :
MILIND N. JADHAV, J.
1. Revision Applicant is challenging the order dated 24.04.2024 passed below Exhibit “12” in Session Case No. 88 of 2022 by the Assistant Sessions Judge, Panvel-Raigad (for short “Trial Court”). Applicant is the accused. Trial Court has rejected the discharge Application of Applicant seeking discharge from the offence punishable under Section 306 of the Indian Penal Code, 1860 (for short “IPC”). Hence, the present Criminal Revision Application (for short “CRA”) under Section 397 read with Section 401 of the Criminal Procedure Code, 1973 (for short “Cr.PC”).
2. Before I advert to the submissions made by the learned Advocates, the following facts of the case are summarised for consideration:
For a charge under Section 306 IPC, clear evidence of instigation or encouragement to commit suicide is required, which was absent in this case.
To establish abetment of suicide under Section 306 IPC, there must be clear evidence of instigation or aid by the accused; mere emotional distress or broken relationships do not suffice.
To establish abetment of suicide under Section 306 IPC, there must be clear evidence of instigation or a direct act by the accused leading to the victim's suicide; mere relationship discord is insuff....
To establish abetment of suicide, there must be clear evidence of instigation or actions compelling the victim to take their life, not merely trivial domestic disputes.
To establish abetment of suicide under IPC, there must be clear evidence of instigation or intent to drive the deceased to suicide; mere harassment is insufficient.
Abetment of suicide – Positive act of instigation is a crucial element of abetment – Element of mens rea cannot simply be presumed or inferred, instead it must be evident and explicitly discernible –....
To establish abetment of suicide under IPC, there must be direct incitement or actions compelling the victim to commit suicide; mere allegations of harassment are insufficient.
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