The Gujarat High Court quashed criminal charges against a teacher in a student suicide case. The case involved allegations against the teacher related to the suicide of a student under their care.
Gujarat: Last week (4th April): The Gujarat High Court dismissed criminal charges against a school trustee and a teacher accused of driving an 18-year-old student to suicide through slapping and humiliation. Justice Divyesh Joshi determined that there was no evidence to demonstrate that the accused instigated the student to take his own life.
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Justice Joshi explained
The offence under Section 306 of the Indian Penal Code (IPC) to apply, there must be instigation by the accused that directly leads to the deceased committing suicide. The instigation must be of such intensity that it forces the deceased into a position where suicide becomes the only choice. Additionally, the act of instigation must occur close to the act of suicide.
Senior Advocate Asim Pandya, along with Advocate Gaurav Vyas, represented the accused. The State was represented by Additional Public Prosecutor Dhawan Jayswal, while Advocate Utpal M Panchal represented the complainant.
After examining the contents of the First Information Report (FIR) and witness statements, the Court concluded that the accused did not instigate the deceased to commit suicide through the alleged acts of humiliation. The Court found that the accused’s actions did not amount to instigation under any interpretation.
The Court expressed regret over the tragic loss of the young student’s life and acknowledged the anguish and hardship experienced by his mother
“But as observed by the Hon’ble Supreme Court in the case of Geo Verghese (supra), the sympathy of the Court and pain and suffering of the complainant (student’s mother) cannot translate into a legal remedy, much less a criminal prosecution,” the Court said.
The judge emphasized instigation must be closely linked to the act of suicide.
“Based on the information provided in the FIR and the witness statements, it is not feasible to determine that the accused encouraged the deceased to commit suicide due to purported humiliation. The actions attributed to the accused cannot reasonably be considered as instigation for suicide,” the Court stated.
Background
The case involved a Class 12 science student who died by suicide on January 22, 2016. The student’s mother received information from fellow students about certain events preceding the student’s death. One of the deceased student’s classmates had expressed dissatisfaction with the new teaching staff compared to the previous staff.
Allegedly, the accused teacher overheard the complaint and assaulted the student who made the complaint. The teacher reportedly indicated that he would continue to beat other students in the class in the following days.
A few days before the suicide, a disturbance occurred near the deceased student’s desk, leading the accused teacher to slap the student three times. When the student asked why he was being slapped without any fault, the teacher allegedly responded that he would provide an explanation by evening.
When the student persisted with his inquiry, the teacher allegedly expelled him from the class and sent him to the trustee. The trustee made the student stay on the school premises until 6 PM.
The next day, the student was instructed to sit idle for two hours on the fourth floor of the school building. After two hours, the trustee informed the student that his parents had been notified about his behavior. Shortly after this, the student died by suicide.
A criminal case was filed against the school trustee and the teacher. In their petition to dismiss the case, the accused argued that the entire case relied on hearsay.
The Court found merit in the arguments put forth by the accused. There was no intention on their part to abet the student’s suicide, and therefore, no mens rea (criminal intent) could be attributed to them. The Court observed that mens rea is a crucial element in a case under Section 306 of the IPC.
Case Title: Chandresh Vasantbhai Malani v. State of Gujarat
