The Supreme Court discharges accused charged with Section 306 IPC observing that merely the deceased was called a ‘call girl’ would not tantamount to abetting suicide.

The Supreme Court has upheld the order of the High Court discharging the accused who were accused of abetting suicide of a girl. The allegations made in the complaint were that the accused was an English teacher of the deceased girl and both were involved in a love relationship. The accused with an intent to get married with the deceased took the deceased to his parents with a proposal of marrying the deceased. However the parents of the deceased disapproved of their relationship and shouted at the girl by terming her as a ‘call girl’. The girl, on the next day, committed suicide after leaving two suicide notes blaming the accused. She also stated in the note that the accused was a coward for not speaking up when she was insulted by his parents. The father of the deceased made a complaint and an FIR was registered under section 306/34 IPC and also a charge sheet was filed before the trial court. 

The accused filed an application for discharge and the same was rejected by the Trial Court. Thereafter, the accused filed an application under Section 482 Cr. PC before the High Court which was disposed of with the direction to the accused to raise all the points before the learned Trial Court. At the stage of framing of charges the accused raised objections claiming that no case was made out against them to frame charge for the alleged offence under Section 306/34 IPC. The trial court overruled the objections of the accused observing that as there was a probability of the accused to have been convicted and charge be framed. It was observed in the order that there was a reasonable likelihood for accused persons to be convicted under Section 306 IPC. Against the order of the trial court, the accused approached the High Court again under Section 401/482 Cr.P.C. where the High Court allowed the application by setting aside the order of the Trial Court and discharged the accused.
 
The state of West Bengal went in appeal to the Supreme Court against the order of the High Court discharging the accused. The Supreme Court observed thus:
 
“By considering the material placed on record, we are also of the view that the present case does not present any picture of abetment allegedly committed by respondents. The suicide committed by the victim cannot be said to be the result of any action on part of respondents nor can it be said that commission of suicide by the victim was the only course open to her due to action of the respondents. There was no goading or solicitation or insinuation by any of the respondents to the victim to commit suicide. For the aforesaid reasons, we do not find any merit in this appeal so as to interfere with the well reasoned judgment of the High Court. Accordingly, this appeal is dismissed.”

State of West Bengal vs. Indrajit Kundu & Ors