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P. V. KUNHIKRISHNAN
Bibin @ Ambily, S/o. Prakasan – Appellant
Versus
State Of Kerala, Represented By The Public Prosecutor, High Court Of Kerala – Respondent
ORDER :
(P.V. Kunhikrishnan, J.)
This Criminal Miscellaneous Case is filed to quash the final report in Crime No.717/2015 of Perumbavoor Police Station which is now pending before the Additional District & Sessions Court, North Paravur. The above case is charge sheeted alleging offence punishable under Section 306 IPC.
2. The prosecution case is that, on 17.02.2015 in between 8 A.M. and 12.40 P.M., the defacto complainant's adopted daughter Chinju, due to depression in her life, hang in their house and while taken to hospital at Perumbavoor, she was declared as dead. The police registered Annexure I FIR under Section 174 Cr.P.C. Thereafter the offence under Section 306 IPC is also added. The allegation against the petitioner is that the girl who committed suicide had contacted the petitioner over phone several times before committing suicide. There was a love affair between the petitioner and the deceased girl. When the petitioner withdrawn from the love affair, the girl committed suicide. Hence it is alleged that the accused committed the offence under Section 306 IPC. According to the petitioner, even if the entire allegations are accepted, no offence is made out against the petiti
To establish abetment of suicide under Section 306 IPC, there must be clear evidence of the accused's intention to instigate the suicide, which was absent in this case.
To establish abetment under Section 306 IPC, there must be clear intent and direct actions by the accused that compel the victim to commit suicide; emotional distress alone is insufficient.
To establish abetment of suicide under Section 306 IPC, there must be direct acts of incitement closely linked to the suicide, and mere denial of marriage does not constitute abetment.
To establish abetment of suicide under IPC Section 306, there must be clear evidence of instigation or a direct act by the accused that leads the victim to take their life.
To establish abetment of suicide under Section 306 IPC, evidence of instigation or encouragement by the accused is essential; mere emotional turmoil does not suffice.
To establish abetment of suicide under IPC, there must be clear evidence of instigation or aiding, which was absent in this case.
The main legal point established in the judgment is the requirement for the prosecution to establish a clear mens rea and active act to push the deceased into a position to commit suicide in cases of....
To convict for abetment of suicide under Section 306 IPC, there must be clear evidence of instigation or active involvement by the accused, which was not established in this case.
Abetment of suicide requires clear connection between accused's actions and the suicide, with established mens rea of instigation or provocation.
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