SINU M.A Vs. THE STATE OF KERALA

JUDGEMENT

(1.) This petition is filed under section 438 of the Code of Criminal Procedure, 1973.

(2.) The petitioner herein is a Physical Training Teacher at St.Johns Public School, Udayamperoor. Alleging that he has abetted the suicide of a minor boy named Akash, who is student of the said School, he is roped in as the accused in Crime No. 1629 of 2017 of Udayamperoor Police Station. According to the prosecution, the petitioner herein taunted and physically harassed the minor boy and instigated his suicide.

(3.) The learned counsel appearing for the petitioner submits that the allegations are incorrect. According to the learned counsel, the crime was initially registered under section 174 of the Cr.P.C , 1973on 6.7.2017 at the Vaikom Police Station. At this stage, there was no allegation that the petitioner herein had abetted or instigated the victim to suicide. It was thereafter that the crime was transferred to the Udayamperoor Police Station and the same was re-registered as Crime No.1629 of 2017 under Section 324 and 306 of the IPC. According to the learned Counsel, there is no direct act of instigation by the petitioner and no intentional act was committed by him. There has to be a clear mens rea to commit an offence and that there ought to be an active or direct act leading the deceased to commit suicide. He refers to decisions reported in Sanju @ Sanjay Singh Sengar v. State of M.P. [2002 SCC (Crl) 1141], Gurcharan Singh v. State of Punjab (2016 (12) SCALE 414) Sindhu Paul and Another v. State of Kerala and Others 2017 (5) KHC 543 to buttress his submissions.