The Gujarat High Court has reiterated that conviction under Section 306 IPC (abetment to suicide) can't be sustained unless 'Positive Act' of instigation is established.

The Division Bench of Justice SH Vora and Justice Sandeep N. Bhatt while adjudicating upon an appeal filed by State Govt challenging an order of acquittal for offences under Section 498(A) and 306 of the IPC, observed:

"It is pertinent to note that the prosecution is required to prove the intention or knowledge of the accused persons, however, it is necessary that the prosecution is required to firstly prove under Section 306 of the Indian Penal Code that as suicide has been committed; secondly the prosecution must also prove that the person who is said to have abetted in the commission of suicide, has played active role in the same and Section 498(A) of the Indian Penal Code cannot be attracted, in the cases when the vague allegations are made but no specific instance of hostile attitude or persistent demands of dowry by the accused pointed out by the witnesses. We have minutely examined oral evidence and all the prosecution witnesses, we found that nothing is disclosed with regard to the instigation or any persistent demand to constitute that there is anything on the part of the respondents – accused to commit act or abetment in committing suicide. In the present case the prosecution has failed to discharge its burden to prove its case beyond reasonable doubt and the Trial Court has rightly acquitted the accused persons by giving clear acquittal as the case is not proved beyond reasonable doubt under Section 306 or 498(A) of the Indian Penal Code."

The Court referred to ARNAB MANORANJAN GOSWAMI vs STATE OF MAHARASHTRA, 2020 Latest Caselaw 623 SC, Nimay Sah Vs. State of Jharkhand, 2020 Latest Caselaw 630 SC, 

In view of the above precedents, analysis and re-appreciation of the evidence, the Court didn't find any infirmity or compelling reasons to interfere with the order of acquittal recorded by the trial Court.

Referring to Ramesh Babulal Doshi Vs. The State of Gujarat , 1996 Latest Caselaw 413 SC, the Court remarked:

"It is a cardinal principle of criminal jurisprudence that in an acquittal appeal if other view is possible, then also, the appellate Court cannot substitute its own view by reversing the acquittal into conviction, unless the findings of the trial Court are perverse, contrary to the material on record, palpably wrong, manifestly erroneous or demonstrably unsustainable"

However, in the instant case, the learned APP has not been able to point out to us as to how the findings recorded by the learned trial Court are perverse, contrary to material on record, palpably wrong, manifestly erroneous or demonstrably unsustainable, the Court held.

Read Judgement Here:

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