Maha: Court acquits teacher of abetting student's suicide

A court here in Maharashtra hasacquitted a 35-year-old school teacher of charges of abettingthe suicide of a teen-aged student in 2014.

In an order issued on January 15, a copy of which wasmade available on Monday, additional sessions judge S SGulhane said questioning a student does not amount to abetmentof suicide.

The judge also said that the prosecution failed toprove the charge under Indian Penal Code Section 305 (abetmentof suicide of person below 18 years of age) against theaccused, a mathematics teacher at an ashram school located inTalasari taluka of Palghar.

According to the prosecution, the victim, who wasstudying in Class 10 at the school, allegedly hanged himselffrom the ceiling of his house in Talasari.

Some of his classmates later told the boy's fatherthat when the accused teacher had enquired about marks ofstudents in the maths exam, the victim lied to say he got moremarks, though he had actually received less marks.

The teacher then enquired if his father had asked himto tell the lie. He also asked the boy to call his father toschool, but the victim refused to do so.

The teacher then asked the victim and other studentswho had lied about their marks to go to the headmaster.

According to the prosecution, the victim felthumiliated by the teacher's questioning and committed suicide.

In his order, the judge said the accused's act ofaskingthedeceasedabouthisfather (if he asked him to tellthe lie)andto call the latter to school does not amount toabetment of suicide.

''Thereis nomens rea (intention) on part of theaccused to abet the deceasedtocommitsuicide,'' he said.

Beingateacher,itishisjob to scold the studentswho tell lies, the judge said.

Thestatementof theaccused''is not an instigationand isalsonotanintentionalaidtocommit suicide'', thecourt said in its order.

It is necessary for the prosecution to establish thatby hisacts,theapplicant/accused could reasonably foresee that because of his conduct, the victim was almost certain, oratleastquitelikelytocommit suicide, the judge said.

''Unless this is established, a person cannot becharged ofhavingabettedcommissionofsuicide,evenif thesuicide has been committed as a result of some of the actscommitted by the accused,'' the court said.