Ker HC | Mens rea on part of accused needed to initiate a proceeding for abetment of suicide – bank official denying education loan to student cannot be said to abet her suicide

Kerala High Court: R. Narayana Pisharadi, J. allowed a petition filed by bank official praying for quashing proceedings initiated against him for abetting suicide of a student who had applied for an education loan to the bank where he was working, holding that there was no mens rea involved on his part.

In the present case, a student named Sruthi, from a financially backward family approached a bank several times for education loan. The bank rejected her applications for education loan and in despair, she committed suicide. Later, two bank officers (manager and the deputy manager of the bank) had to face prosecution for abetting her suicide by rejecting her application for loan and it was also stated by the father of the deceased that when the deceased was brought to the hospital she told him that she met the petitioner before the accident and the petitioner told her that if her loan was not sanctioned then she had no option other than dying. The brother (respondent) of the deceased gave the first information statement to the police and the case was registered under Section 306 of the Penal Code, 1860 (IPC). After investigation, a final report was filed by the police under Section 306 IPC read with Section 34 of IPC. The concerned Magistrate committed the case to the Court of Session. The petitioner approached this Court to quash all the proceedings in the instant case under Section 482 of the Code of Criminal Procedure, 1973 (CrPC).

Learned counsels on behalf of the petitioners, S. Sreekumar, P. Paulochan Antony, M.A. Mohammed Siraj, P. Martin Jose, P. Prijith and Thomas P. Kuruvill, submitted that even if allegations raised against the petitioner in the final report were true, no offence was committed under Section 306 IPC as there was no direct nexus between the rejection of the application of loan by the petitioner and the suicide committed by the deceased. There was no proximity of time between the alleged act committed and the act of the victim. Non-sanctioning of education loan by the petitioner to the deceased could not be considered as facilitation of commission of suicide on their part as there was no malicious intention or instigation. Further, according to the copy of norms, loan application had to be disposed of within fifteen days but the deceased committed suicide without even waiting for the fate of her loan application. Lastly, no material was produced by the prosecution to prove that the petitioner told the deceased to commit suicide

Learned counsel on behalf of the respondent S. Manu, and Public Prosecutor M.N. Maya, contented that allegations in the final report along with the materials produced by the prosecution showed that the petitioner had abetted the commission of suicide by the deceased.  

The Court opined that the prosecution had not made any prima facie case against the petitioner for committing an offence punishable under Section 306 IPC and continuance of the proceedings against the petitioners would be an abuse of process of the Court. The Court also observed that even according to the prosecution case, only when the deceased told the first petitioner that in case the loan was not sanctioned she would have no option other than to die, that the first petitioner told her to go and do so. Thus, the remark regarding death was initially made not by the first petitioner, but by the deceased. The fact that the first petitioner had retorted to the deceased in such a manner in such a situation, in a fit of anger or emotion or at the spur of the moment, did not lead to an inference that he had instigated the deceased to commit suicide. Reliance in this regard was placed on Pawan Kumar v. State of Himachal Pradesh, (2017) 7 SCC 780. Thus, all proceedings against the petitioners were quashed.[Harikrishnan v. State of Kerala, 2019 SCC OnLine Ker 1767, decided on 10-06-2019]

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