Calling woman a ‘call girl’ not abetment of suicide, rules top court
AmitAnand.Choudhary@timesgroup.com
New Delhi:20.10.2019
Fifteen years after an English teacher and his parents were booked for abetment of suicide for his girlfriend taking her life after being called a “call girl” by his family members, the Supreme Court has discharged the accused saying that the taunt was not sufficient enough a ground to prosecute them.
A bench of Justices Indu Malhotra and R Subhash Reddy said it cannot be inferred that suicide of the girl was the direct result of ‘abusive’ language used for her. The court said a word uttered in a fit of anger or emotion without intending the consequences to actually follow cannot be said to be the instigation.
The apex court relied on its earlier verdict in which a man was discharged when his wife committed suicide after having a fight in which he had asked her “to go and die”. “By applying the judgments referred, we are of the view that such material is not sufficient to proceed with the trial by framing charge of offence under Section 306/34 IPC. It is also clear from the material that there was no goading or solicitation or insinuation by any of the respondents to the victim to commit suicide,” the court said.
In this case, the girl, a resident of Kolkata, was taking tuition for English language from the accused when intimacy grew between them and they decided to get married. But when the girl went to his house, his infuriated parents started shouting at her and called her a “call girl”. As per the complaint filed by the girl’s father, she was disturbed as the teacher did not oppose when his parents were abusing him and committed suicide a day after the incident in 2004.
RARE CASE: The SC said a word uttered in a fit of anger or emotion without intending the consequences to actually follow cannot be said to be the instigation
AmitAnand.Choudhary@timesgroup.com
New Delhi:20.10.2019
Fifteen years after an English teacher and his parents were booked for abetment of suicide for his girlfriend taking her life after being called a “call girl” by his family members, the Supreme Court has discharged the accused saying that the taunt was not sufficient enough a ground to prosecute them.
A bench of Justices Indu Malhotra and R Subhash Reddy said it cannot be inferred that suicide of the girl was the direct result of ‘abusive’ language used for her. The court said a word uttered in a fit of anger or emotion without intending the consequences to actually follow cannot be said to be the instigation.
The apex court relied on its earlier verdict in which a man was discharged when his wife committed suicide after having a fight in which he had asked her “to go and die”. “By applying the judgments referred, we are of the view that such material is not sufficient to proceed with the trial by framing charge of offence under Section 306/34 IPC. It is also clear from the material that there was no goading or solicitation or insinuation by any of the respondents to the victim to commit suicide,” the court said.
In this case, the girl, a resident of Kolkata, was taking tuition for English language from the accused when intimacy grew between them and they decided to get married. But when the girl went to his house, his infuriated parents started shouting at her and called her a “call girl”. As per the complaint filed by the girl’s father, she was disturbed as the teacher did not oppose when his parents were abusing him and committed suicide a day after the incident in 2004.
RARE CASE: The SC said a word uttered in a fit of anger or emotion without intending the consequences to actually follow cannot be said to be the instigation
No comments:
Post a Comment