KERALA HIGH COURT: COURT QUASHED ABETMENT OF SUICIDE CASE AGAINST DEFENCE ASPIRANT FOR 'KEEPING AWAY' FROM GIRLFRIEND; NO POSITIVE ACT OF INSTIGATION

The Kerala High Court in the case Sunil Kumar V State of Kerala observed and has quashed the criminal proceedings which is intiated against the Defence aspirant for allegedly abetting the suicide of his college-girlfriend by keeping away from their relationship after passing out

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The single bench headed by Justice K Babu cited plethora of precedents to reiterate that in order to convict a person as stated under section 306 of the Indian Penal Code, 1860 and there has to be clear mens rea to commit the offence and an active act of instigation which led the deceased to commit suicide.

It has also been held by the said court that the abetment involves a mental process of instigating a person or intentionally aiding a person in doing a thing and without the positive act on the part of the accused to instigate or aid in committing suicide, conviction cannot be sustained.