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2024 Supreme(Online)(KER) 5109
HIGH COURT OF KERALA
A. BADHARUDEEN, J
SINDHU PAUL – Appellant
Versus
STATE OF KERALA – Respondent
Crl.Rev.Pet 326/2024
S.RAJEEV, V.VINAY, M.S.ANEER, PRERITH PHILIP JOSEPH, ANILKUMAR C.R., K.S.KIRAN KRISHNAN, NOURIN S. FATHIMA
The court held that when prima facie materials are available to frame charges against the accused for offences under Section 305 read with 34 IPC (abetment of suicide) and Section 75 of the Juvenile Justice Act (subjecting a child to mental and physical torture), the plea for discharge is not legally permissible, and the matter should proceed to trial.
Headnote:
Abetment of Suicide - Juvenile Justice Act - Sections 305, 34 IPC, Section 75 JJ Act - The court found prima facie materials to frame charges against the accused for abetment of suicide under Section 305 read with 34 IPC and for subjecting the victim to mental and physical torture under Section 75 of the Juvenile Justice Act. The court dismissed the plea for discharge, holding that the matter should proceed to trial.
Fact of the Case:
The prosecution alleged that the accused, who were teachers at the school, subjected the victim (a student) to mental and physical harassment, which led her to commit suicide. The parents of the victim had complained to the school authorities about the accused's behavior towards their daughter, but the accused continued to threaten and harass the victim, which ultimately resulted in her suicide.
Finding of the Court:
The court found that there were prima facie materials available to frame charges against the accused under Section 305 read with 34 of the Indian Penal Code (IPC) for abetment of suicide, as well as under Section 75 of the Juvenile Justice (Care and Protection of Children) Act, 2015 for subjecting the victim to mental and physical torture. The court dismissed the plea for discharge, holding that the matter should proceed to trial.
Issues: 1. Whether the prosecution has established a strong prima facie case against the accused to frame charges under Section 305 read with 34 IPC and Section 75 of the Juvenile Justice Act.2. Whether the accused are entitled to be discharged from the case.
Ratio Decidendi: The court held that the prosecution has established a strong prima facie case against the accused based on the statements of the witnesses and the materials available in the case diary. The court found that there were specific allegations of enmity and threats made by the accused against the victim, which led to her suicide. The court also noted that in cases where prima facie materials are available to frame charges, the plea for discharge is not legally permissible, and the matter should proceed to trial.
Final Decision: The court dismissed the criminal revision petition filed by the accused and directed the trial court to expedite the trial of the case within a period of six months.
Dated this the 13th day of June, 2024 This Criminal Revision Petition has been filed under Section 397 read with 401 of the Code of Criminal Procedure, 1973, to set aside the order dated 29.02.2024 in Crl.M.P. No.2000/2023 in S.C. No.689/2018 on the files of the Additional Sessions Judge-I, Kollam and to discharge the petitioners in this case.
2. Heard the learned counsel for the petitioners as well as the learned Public Prosecutor. Perused the entire case diary and statements of the witnesses form part of the case diary, in detail.
3. In this matter, the prosecution allegation is that, witness No.2, Meera Kalyan, who was studying in 8th standard at Trinity Lyceum School, Kollam, was ordered to sit in between boys students by the accused. Thereby, Meera Kalyan was subjected to physical and mental persecution by the accused. The further allegation of the prosecution is that, when the parents of Meera Kalyan, who are witness Nos.1 and 3 informed the same to CW27 the Principal and CW28 the Vice Principal, the 1st accused was warned in front of witness Nos. 1 to 3. When witness Nos. 1 and 3, the parents of CW2 apprehended further ill treatment from accused No.1 due to the animosity arose out of the said occurrence, the parents of Meera Kalyan demanded to observe CW2 by her elder sister, Gauri Nekha, who was also studying in the 10th standard at the same school. When, Gauri Nekha reached the class of Meera Kalyan to detect any events thereafter, the 1st and 2nd accused threatened her that she would not be given internal marks. The specific allegation is that the 1st accused along with the 2nd accused, subjected Gauri Nekha to mental and physical torture and in consequence of the same at about 13.30 hours on 20.10.2017 she jumped from the 3rd floor of the School and committed suicide. It is on this premise, the prosecution alleges commission of offences punishable under Sections 305 read with 34 of IPC as well as under Section 75 of the Juvenile Justice (Care and Protection of Children) Act, 2015 (hereinafter referred as ‘JJ Act’ for short) [Section 77 of the JJ Act maybe mistakenly incorporated instead of 75 of the JJ Act in the face sheet of the Final Report].
4. While the matter has been pending before the Additional Sessions Court as S.C. No.689/2018, Crl.M.P. No.2000/2023 under Section 227 of Cr.P.C. has been filed by accused Nos. 1 and 2, seeking discharge on the ground that there are no materials in this crime to constitute offences alleged against them. The learned Sessions Judge addressed this contention and dismissed the application as stated in paragraph Nos. 13 to 16 of the order as under: “13. The learned counsel for the accused relied upon the statement given by witness no.
11 who was a student of the school u/s. 161 of Cr.P.C to the effect that on 20.10.2017, Gowri Nekha restrained witness no.11 and the children entered into a scuffle and witness no.
11 along with other children went to the class of Gowri Nekha to sort out the issue and accused no.1 who reached the place called Gowri Nekha and scolded her as well as witness no.11 and accused no.1 took Gowri Nekha to accused no. 2 who was the class teacher of Gowri Nekha. It is the contention of the learned counsel for the accused that the above acts were performed by accused no. 1 only in her capacity as the teacher of the school. The statements of witnesses no. 17 to 19 u/s. 161 of Cr.P.C are also relied upon to contend that accused no. 1 only acted in her capacity as a teacher of the school without there being any instigation to commit suicide.
14. The learned counsel for the accused relied upon the following decisions in support of the plea of discharge. In Yogesh alias Sachin Jagdish Joshi v. State of Maharashtra (2008 (10) SCC 394), the Hon'ble Supreme Court held in the context of Section 227 of Cr.P.C that if two views are equally possible and the Judge is satisfied that the evidence produced would give rise to suspicion only as distinguished from grave suspi
