Delhi High Court: Brijesh Sethi, J. rejected a bail application filed under Section 348 read with Section 482 CrPC, in a very shocking and nerve-wracking incident and held that,
“Child of tender age should be handled very carefully and he/she needs to be protected from every kind of hurt whether physical or mental.”
The instant matter pertains with the facts that, ‘X’ was the only daughter of the complainant who was studying in Class VII. Daughter of the complainant had been asking the complainant to change her school for last three months for which the complainant had asked her the reason and ‘X’ stated that “the atmosphere in the school is not good”, Complainant assured her daughter that she would change her school soon after the session ends.
On 30-11-2018, the daughter of the complainant came weeping from school and in the evening told the complainant that she will not go to school the next day, therefore she stayed home on 1-12-2018. Complainant being an Advocate by profession went to the Court around 1 p.m. on that day and asked ‘X’ to take help from her grandmother who lived nearby.
In the evening of the same day, as stated above, Complainant came early from work and knocked the door repeatedly but the same was not opened after which she took help of her neighbours and saw that her daughter (‘X’) was hanging with the ceiling fan.
In the above view of facts, Investigation Officer recorded the complainant’s statement. Case of the prosecution is that, at the time when the dead body was being moved, the doctor at the hospital noticed something written by pen on both hands and palms of the deceased. Following was written on one palm of the deceased:
“meri maut ki khabar school tak jarur pahuchana”.
Some persons and children from the neighbourhood told the petitioner that her daughter was being abused and tortured by class teacher Arti Singh and Biology Teacher Ritika. The daughter of the complainant was found running to the toilet to commit suicide but was stopped by classmates. She had said goodbye to all and also told that she would not come to this school again and she would commit suicide at home. These facts were told to the complainant by classmates of her daughter and neighbourhood children.
At the place of suicide, one notebook was also found lying on the bed which contained a suicide note and the same runs as follows:-
“Vo teachers app ko ja bhi Bola di vo sab jhute ha, mujhe pata ha app sab unki hi batt mano ja, that is why am committing sueside, please rona mat pls bye. That is why maa ajj school nahi gauya buye, mujha 6 class ka batcho na fasaya ha, ya mari pouri class to pata ha, because of my class teacher Arti Ma’am and Ritika Ma’am, bye I love you all last time for me 3:30 bye”
“Mummy and Nani I hate tears bye app jasi family har kisiko mila, mummy rona mat or nahi ko bhi mat rona dena app donoka eyes ma asu acha nahi lagaga, bye mummy bye bye nani I am going to die bye”
Apart from the above suicide note, some words were also written on right and left palms and left hand of the deceased which are as follows:-
On the right palm, the following sentence was written:-
“I love U Mummy and Nani”
On the left hand, the following sentence was written:-
“Jai Shri Krishna I am coming, Last 4:00 Bye”
On the left palm, following words were written:-
“mara suside ki khabar school tak zarur pahuchana, bye word.”
Counsel for the petitioner, Rashid Azam, submitted that the complainant has concocted a false story to falsely implicate the petitioner. The only thing, the petitioner can remember is that one of the students from her class namely Parth Uttam has been in a lot of indulgence with the deceased child to which the applicant had scolded Parth Uttam to concentrate on his studies.
He further submitted that, the act of abetment of suicide cannot be read in isolation and has to be read with Section 107 of Penal Code, 1860 which carries the wisdom to distinguish what constitutes instigation and what does not. It is further submitted that the suicide note was planted later on by the complainant in order to implicate the petitioner.
Neelam Sharma, APP for the State, submitted that, photographs and suicide note of deceased clearly indicate that the school teachers particularly the petitioner abetted in committing suicide by the deceased. Deceased has categorically mentioned the name of the petitioner in the suicide note and there is no reason to disbelieve the version of the deceased it being a dying declaration. In order to elicit the truth, custodial interrogation of the petitioner would be necessary.
Decision of the Court
On careful perusal of the suicide note, photographs pertaining to the words written on the right and left palms and left hand of the deceased child and statement of witnesses recorded under Section 161 CrPC, the bench dismissed the anticipatory bail application.
Court noted that, deceased child specifically mentioned the words in her suicide note “because of my class teacher Arti Ma’am and Ritika Ma’am”. This clearly indicates that something wrong must have happened with the deceased in the school/class.
Mental condition of the deceased child and her frustration due to the behaviour of the teachers can also be judged from the message wherein she has written that “mara suside ki khabar school tak zarur pahuchana, bye word”.
The material recorded, prima facie reveals that the deceased was compelled to take such a drastic step because of deep mental pain/ hurt caused by the alleged misbehaviour and hostile treatment extended to the deceased by the petitioner. It is highly improbable that a child of tender age would implicate her teacher falsely and without any reason.
In the opinion of the Court prima facie, there are serious and direct allegations of abetment of suicide against the petitioner which are difficult to ignore.
Thus, keeping in mind the nature of offence, statement of witnesses appearing on record and particularly, the apprehension expressed by the State about the likelihood of the witnesses being influenced and evidence being tampered with, this Court is not inclined to grant anticipatory bail to the petitioner. [Ritika v. State, Bail Application No. 887 of 2019, decided on 16-10-2019]