Ahmedabad: Recently, the Gujarat High Court released a man on bail, accused of abetment of suicide. It was held that to claim abetment, there must be a malicious intention. Therefore, words uttered during an outburst without intention cannot be held as a provocation to commit suicide.
The matter was heard before a single bench Judge, who while granting the bail application, cited a reference to certain judgments of the apex Court pertaining to the prevalence of malafide intent while committing abetment.
Previously, the accused had approached the lower Court. However, as the lower court dismissed his bail application, he moved the High Court in appeal.
The bail applicant has been accused of rape and abetment of suicide. During the hearing, it was discovered that although he was accused, the ordeal was committed by his brother. The Court held the man responsible merely for supporting his brother in refusing to marry the victim.
Allegedly, the brother of the accused initiated a physical relationship with the girl on the pretext of marriage. However, pursuant to being sexually involved, the brother refused to solemnise his marriage with the girl. On account of failure to abide by his word, the girl threatened to commit suicide. Unaffected by the threat, the duo told the girl to 'go ahead' after which she attempted suicide by consuming some pills.
It was observed that the girl was to be held responsible for her act of committing suicide. Apart from positively responding to her threat, the accused does not attribute to an offence punishable under Section 306 of IPC dealing with abetment of suicide on the "mere conduct" of the petitioner.
Taking into consideration the legal and factual happenings, the Court accepted the bail application of the accused.