'Instigation Must Have Close Proximity To Suicide', Supreme Court Quashes Abetment To Suicide Case Against Business Partners

 Observing that there must be a close proximity between the positive act of instigation by the accused person and the commission of suicide by the victim, the Supreme Court on Thursday (March 27) upheld the quashing of an abetment to suicide case against the business partner of the deceased, who committed suicide alleging harassment from his business partner.

“We are, therefore, of the considered view that even taking the allegations at its face value, it cannot be said that the allegations would amount to instigating the deceased to commit suicide. In any case, there is no reasonable nexus between the period to which the allegations pertain and the date of death. In that view of the matter, we do not find that the learned Single Judge of the High Court has erred in quashing the proceedings under Section 306 of IPC.”, 

“The learned Single Judge of the High Court, in our view, while quashing the proceedings under Section 420 of IPC, has acted in a casual and cursory manner. If the learned Single Judge of the High Court was of the view that even investigation papers as collected by the investigating agency did not constitute an offence punishable under Section 420 of IPC, then the least that was expected of the learned Single Judge of the High Court was to give reasons as to why the material collected by the investigating agency which has been placed before the learned Single Judge of the High Court was not sufficient to constitute an offence punishable under Section 420 of IPC.”, the Court observed.

“In absence of any reason given, we are of the considered view that the learned Single Judge of the High Court has erred in quashing the proceedings under Section 420 of IPC.”, the court added.

Accordingly, the appeal was partly allowed.

Case Title: R. SHASHIREKHA VERSUS STATE OF KARNATAKA AND OTHERS

'Prior Enmity Can Indicate Motive But Also Raise Possibility Of False Accusation' : Supreme Court Acquits Man In 30-Year-Old Murder Case

 The Supreme Court (March 27) observed that when a criminal act is committed based on prior enmity with the victim, then the possibility of false accusations cannot be ruled out. Though hostility between parties can establish a motive for a crime, it also raises the possibility of false accusations driven by personal grudges.

“It is a settled law that enmity is a double-edged weapon. On one hand, it provides motive, on the other hand it also does not rule out the possibility of false implication. From the nature of the evidence placed on record by the prosecution, the possibility of the present appellant being falsely implicated on account of previous enmity cannot be ruled out. In our opinion, therefore, the appellant is entitled to benefit of doubt”, 

Further, the Court cited other factors which cast doubt over the prosecution's case such as contradictions in witness statements and an unexplained 45-day delay in recording key witness testimonies, which weakened the prosecution's case.

“The following factors cast a serious doubt on the veracity of the prosecution witnesses:

(i) The witnesses who were carrying the deceased Guddu to the hospital not having bloodstains on their clothes;

(ii) The witnesses not informing either the Police Station or the police constable who was standing at a distance of about 50 steps from the place of incident;

(iii) The contradictions in the evidence of witnesses with regard to presence of each other at the place of incident;

(iv) The witnesses not informing the cause of death of the deceased Guddu in the MLC papers, though according to them they were aware about the person who had inflicted the injury on the deceased; and

(v) Recording of the statement of the witnesses after a long gap after the date of incident when the said witnesses were very much available.”

Accordingly, the Court allowed the appeal and acquitted the Appellant of all the charges leveled against him.

Case Title: ASLAM ALIAS IMRAN VERSUS THE STATE OF MADHYA PRADESH

Giving Arrest Memo Not Same As Supplying Grounds Of Arrest : Supreme Court Sets Aside Arrest & Remand

 "We are in agreement with the submission made by the learned senior counsel appearing for the appellant that the said arrest memo cannot be construed as grounds of arrest, as no other worthwhile particulars have been furnished to him. This, being a clear non-compliance of the mandate under Section 50 of the Code which has been introduced to give effect to Article 22(1) of the Constitution of India, 1950 we are inclined to set aside the impugned judgment, particularly, in light of the judgment rendered by this Court reported as Prabir Purkayastha v. State (NCT of Delhi) - (2024) 8 SCC 254."

In this case, the accused was arrested last December in connection with a first information report registered under Sections 384, 420, 468, 471, 509 and 120B of the Indian Penal Code. He was remanded to police custody for 3 days. He challenged his arrest and remand before the Punjab and Haryana High Court, which refused to entertain it. Against the January 30 order of the High Court, an appeal was filed. He challenged his arrest and remand on three grounds: non-compliance with Section 41A of the Code of Criminal Procedure, the opportunity of being heard at the time of remand and the non-furnishing of the grounds of arrest.

The Supreme Court considered his criminal appeal only in terms of the last ground.

Case Details: ASHISH KAKKAR v. UT OF CHANDIGARH

Penal Code, 1860 (IPC) — Section 300, 302 and 304 — Culpable homicide not amounting to murder

 Penal Code, 1860 (IPC) — Section 300, 302 and 304 — Culpable homicide not amounting to murder — Conviction under Section 302 requires proof of premeditation or intention to kill; absence of such elements may lead to reduced charges, such as under Section 304 IPC, with sentencing considerations potentially based on time already served — Supreme Court partly allows an appeal, converting a conviction under Section 302 to Section 304, considering the lack of premeditation and the time already served by the appellant, and directs release if not required in any other case.

Penal Code, 1860 (IPC) — Sections 90 and 376 — Promise of Marriage and Consent — A promise of marriage made after the act of intercourse does not constitute inducement for consent, and repeated willing accompaniment to hotel rooms undermines allegations of coercion

 Penal Code, 1860 (IPC) — Sections 90 and 376 — Promise of Marriage and Consent — A promise of marriage made after the act of intercourse does not constitute inducement for consent, and repeated willing accompaniment to hotel rooms undermines allegations of coercion

Supreme Court partly allows an appeal, converting a conviction under Section 302 to Section 304, considering the lack of premeditation and the time already served by the appellant,

 Penal Code, 1860 (IPC) — Section 300, 302 and 304 — Culpable homicide not amounting to murder — Conviction under Section 302 requires proof of premeditation or intention to kill; absence of such elements may lead to reduced charges, such as under Section 304 IPC, with sentencing considerations potentially based on time already served — Supreme Court partly allows an appeal, converting a conviction under Section 302 to Section 304, considering the lack of premeditation and the time already served by the appellant, and directs release if not required in any other case.

SUDAM PRABHAKAR ACHAT

Vs.

THE STATE OF MAHARASHTRA

In rape cases, the prosecutrix's testimony can be relied upon without corroboration if it inspires confidence, and delay in filing a complaint or lack of major injury marks in medical evidence does not necessarily negate the prosecution's case.

Penal Code, 1860 — Sections 376, 323, 504 and 506 — Reliability of Prosecutrix's Testimony in Rape Cases — The Supreme Court reaffirmed that the testimony of a prosecutrix in a rape case can be relied upon without corroboration if it inspires confidence, emphasizing the importance of considering the broader probabilities of the case.

State of Punjab v. Gurmit Singh (1996) 2 SCC 384 and Bharwada Bhoginbhai Hirjibhai v. State of Gujarat (1983) 3 SCC 217, Relied On.

Impact of Delay in Filing Complaint and Medical Evidence in Rape Cases — The Court noted that delay in lodging a complaint can be sufficiently explained and may not be fatal to the prosecution's case — Additionally, the absence of major injury marks in medical evidence does not necessarily negate the occurrence of rape.

Defence of False Implication and Character Assassination in Rape Cases — The Court rejected the defence of false implication and the attempt to discredit the prosecutrix based on her mother's alleged character, emphasizing that the accused's guilt is determined independently of such factors.

LOK MAL @ LOKU Vs. THE STATE OF UTTAR PRADESH

Supreme Court Discharges Employers In Culpable Homicide Case Over Electrocution Death Of Workers Engaged For Decoration

The Supreme Court recently discharged two persons accused of not providing safety equipment (e.g., helmets, safety belts, rubber shoes) to their employees, leading to their deaths due to electrocution while working on a signboard by using an iron ladder.

An FIR was registered against the Appellants under Sections 304 (culpable homicide not amounting to murder) and 304A (causing death by negligence) of the Indian Penal Code (IPC).

The Trial Court and High Court rejected the appellants' (employers) discharge application, holding that there was sufficient material to proceed with the trial under Section 304 Part II IPC (culpable homicide not amounting to murder).

The Court held that the appellants lacked requisite knowledge or intention to cause death.

“the two deceased employees of appellant No. 1 were undertaking the work of decoration of the front side of the shop. As part of the said work, they were working on the sign board which was approximately at a height of 12 feet from the ground level. For this purpose, they were provided with an iron ladder. While working on the sign board, they were struck by electricity as a result of which they got electrocuted and fell down resulting in multiple injuries leading to their death. It was purely accidental. On these basic facts, no prima facie case can be said to be made out against the appellants for committing an offence under Section 304A IPC, not to speak of Section 304 Part II IPC. In any case, the Trial Court only considered culpability of the appellants qua Section 304 Part II IPC as the committing Magistrate had committed the case to the Court of Sessions confining the allegations against the appellant to Section 304 Part II IPC and not Section 304A IPC.”,

S.306 IPC | Suicide Note Alone Insufficient For Conviction Unless Its Proved There Was Incitement By Accused Proximate To Death

 The Supreme Court on Wednesday (March 5) set aside the conviction of a man accused of committing an offence of abetment of suicide by blackmailing the deceased using compromising photographs and videos.

The Court observed that for invoking the offence of abetment to suicide under Section 306 of IPC, the prosecution must prove instigation, conspiracy, or intentional aid with a clear mens rea to abet suicide. Mere harassment or differences are not sufficient unless there is a proximate act leading to suicide, the court said.

 

"Abetment to commit suicide involves a mental process of instigating a person or intentionally aiding a person in the doing of a thing. Without a positive proximate act on the part of the accused to instigate or aid in committing suicide, conviction cannot be sustained. Besides, in order to convict a person under Section 306 IPC, there has to be a clear mens rea to commit the offence,"

Quashing--Civil Liability--Buyer Company refused to accept goods being defective--FIR u/s 420 IPC lodged--No misrepresentation made at time of contract--No case of criminal liability--FIR quashed.

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Acid burns--Reduction in sentence--Victim suffered severe burn injuries on head, face and chest--High Court reduced the sentence to already undergone--Order of High Court aside--Sentence could not be reduced in such a heinous crime.

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Unlawful Assembly--Mere presence in an unlawful assembly cannot render a person liable unless there was a common object and he was attracted by that common object is one those set out in Section 141 IPC

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Criminal Law--Murder--Common intention--Prosecution case that appellant alongwith other accused murdered the deceased--Evidence of PWs 2 and 3 did not attribute any overt act to the appellant--Mere fact that he was in the company of accused who were armed would not be sufficient to attract Section 34 I.P.C.--It is undisputed that appellant was not armed and he has no animosity with the deceased

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Second Complaint—There is no provision in the Criminal Procedure Code or any other statute which debars a complainant from making a second complaint on the same allegations, when the first complaint did not lead to conviction, acquittal or discharge Second Complaint—The failure to mention the first complaint in the subsequent one is inconsequential—Mentioning of reasons for withdrawal of an earlier complaint is also not a condition precedent for maintaining a second complaint.

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Framing of Charge—Complainant sustained injuries on the nose and fracture of the nasal bone was found—Held; that the case may fall within the grievous hurt, hut it cannot be said that even, prima facie, a case is made out for the offence under Section 307 of the IPC

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Attempt to Murder—Compromise between Parties—Despite any settlement between the complainant and the accused, the criminal proceedings under Section 307 IPC cannot be quashed, as the offence is a non-compoundable offence

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Identity of victim of sexual offences—Directions issued that no person can print or publish in print, electronic, social media, etc. the name of the victim or even in a remote manner disclose any facts which can lead to the victim being identified and which should make her identity known to the public at large.

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Cheating—Merely because the accused has not paid the amount due and payable under the agreement; no offence u/s 406 & 420 IPC is made out—Dispute is of civil nature—Complaint quashed.

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Murder—Death Penalty—Every brutal murder does not fall within category of rarest of rare case to warrant death sentence

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Criminal complaints cannot be quashed only on the ground that the allegations made therein appear to be of a civil nature. If the ingredients of the offence alleged against the accused are prima facie made out in the complaint, the criminal proceeding shall not be interdicted.” “At the initial stage of issuance of process it is not open to the Courts to stifle the proceedings by entering into the merits of the contentions made on behalf of the accused.” If the ingredients of the offence alleged against the accused are prima facie made out in the complaint, the criminal proceeding shall not be interdicted.”