Calcutta HC Denies Relief To Man Accused Of Abetting Minor Girl’s Suicide, Says Quashing Such Case Would Cause Miscarriage Of Justice

The Calcutta High Court has refused to quash criminal proceedings initiated against a man accused of abetting the suicide of a minor girl whom he was “in love” with, by allegedly inflicting physical and mental torture upon her, as well as demanding money from her.

Accused is booked under Section 306 IPC. Single-bench of Justice Shampa (Dutt) Paul directed the Trial Court to be mindful of Section 305 IPC (Abetment of suicide of child or insane person) during framing of charges. It observed,

In the present case, it is prima facie on record that the victim was a minor on the date of incident (alleged suicide). Thus the offence alleged prima facie has the ingredients required under Section 305 IPC, on record. Accordingly, the learned Trial Judge shall consider the said materials on record at the time of consideration and framing of charge or at the relevant stage, in accordance with law. The present case has to thus proceed towards trial to be decided in accordance with law as there is prima facie materials in this case against the petitioners to go to trial and quashing a case of such a nature will cause miscarriage of justice.

It was argued by counsel for the petitioner that the Trial judge had failed to appreciate that the materials on record did not substantiate a charge u/s 306 IPC, and that even if the written complaint against the petitioner was taken to be true, no case had been made out against the petitioner pertaining to the alleged offences.

Counsel submitted that to construe an offence u/s 306 IPC, an act of abetment would have to be proven by the prosecution, but in the present case none of the materials on the charge sheet pointed towards any abetment by the petitioner on the victim.

State placed the case diary, and submitted that sufficient materials had been placed on record for the case to proceed towards trial.

The Court noted from the case diary that the minor was 15 years old at the time of the alleged offence and there were specific allegations pertaining to the petitioner’s relationship with the minor victim along with prima facie material in the case diary.

In relying on the Apex Court’s decision in Daxaben v State of Gujarat, the Court refused to quash the criminal proceedings and remanded the matter to trial.

Citation: 2023 LiveLaw (Cal) 284

Case: Amit Polley Vs. The State of West Bengal & Anr.

Case No: CRR 809 of 2020

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