If act of victim cannot be linked with certainty to the act of culprit, there should not be a conviction for attempt ot abet the commission of suicide

Supreme Court has acquitted an accused from the charge of attempt ot abet the commission of suicide when it found that the same cannot be linked with certainty solely to the action of accused.

The case is titled as ASHABAI KUNDALIK CHATE vs THE STATE OF MAHARASHTRA decided on 24.02.2020.

The appellant assails her conviction under Section 306/511 Indian Penal Code (IPC) sentencing her to five years in custody.

The prosecutrix, PW1 was the victim of a sexual assault on 20.02.2012 by accused 1 and 2. They have been convicted under 376(g) IPC. The appellant, arrayed as accused no.3, was a home-guard deputed to take the victim for a medical examination on 21.02.2012.

The appellant, while at the hospital is stated to have told PW1 that she would ask the accused persons to pay her two to three lakhs and that she should keep quiet as otherwise the occurrence may get published in the newspaper and on television, which will be defamatory and insulting to PW1.

The witness is stated to have felt harassed and consumed an overdose of contraceptive pills three days later on 24.12.2012. As a result PW1 started to vomit after dinner and felt giddiness. She was taken to the hospital and the police report was lodged on 25.12.2012 against the appellant. The only allegation against the appellant is the solitary utterance made by her at the hospital.

Supreme Court acquitted the appellant/accused saying as under:

"We find it difficult to sustain the conviction of the appellant in the facts and circumstances of the case for the solitary utterance made by her at the hospital premises as being the proximate cause for the attempted suicide as urged by the prosecution.

The consumption of an overdose of pills cannot be said to be linked with certainty solely to the solitary utterance by the appellant. The sexual assault barely days ago was certainly a more harrowing and dehumanising experience for PW1.

The fact that she may have attempted to commit suicide due to the same is a more reasonable possibility for which the benefit of doubt has to be given to the appellant. The conviction of the appellant is therefore held to be unsustainable and is set aside. The appellant is directed to be released forthwith unless wanted in any other case".

Read the Order here:

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