The Supreme Court has discharged a man who was accused of driving a student to suicide by scolding him.The accused, in charge of a school and a hostel, had scolded the deceased following a complaint by another student. After the incident, the student died by suicide.The teacher had been accused of abetment to suicide.
A bench of Justices Ahsanuddin Amanullah and Prashant Kumar Mishra stated that no ordinary person could have imagined that a scolding would result in such a tragedy.The court said no mens rea can be attributed to the accused as"no normal person could have imagined that scolding, that too based on a complaint by a student , would result in such tragedy due to the student so scolded taking his own life|." Furthermore , to establish the charge of abetment to suicide , it is essential to prove elements such as instigation, provocation or intentional aid in committing the act, without proof of these ingredients , the offense of abetment to suicide is not made out, SC observed.
The top court bench set aside an order of the Madras High Court, which had refused to discharge the teacher for the offence of abetment to suicide under Section 306 of the Indian Penal Code."Having considered the matter in its entirety, we find it a fit case for interference.As has rightly been submitted by the appellant, no normal person could have imagined that a scolding, that too based on a complaint by a student, would result in such a tragedy due to the student so scolded taking his own life," the bench said.
The apex court said such scolding was the least to ensure that the complaint made against the deceased by another student was taken note of and remedial measures were effected."In the considered opinion of this court, under such admitted factual position, no mens rea (knowledge of wrongdoing) can be attributed to the appellant, much less, with regard to abatement of suicide committed by the deceased," the bench said.
The man, through his lawyer, had submitted that his response was justified and was merely a chiding as a guardian to ensure that the deceased did not repeat the offence, and to maintain peace and tranquillity in the hostel. He had submitted that there was nothing personal between him and the deceased.
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