Thanjavur Schoolgirl Suicide | HC Declines To Quash Abetment Case Against Hostel Warden, Says Religious Conversion Allegations Should've Been Avoided

In January 2022, a 12th Standard girl of the Sacred Heart School attempted to commit suicide by consuming pesticide. Though the girl was taken to the hospital, she died during treatment. In her dying declaration, she stated that the hostel warden had tortured her mentally by making her do additional work in the hostel and not allowing her to study properly.

Though the warden contended that she had never intended the child to commit suicide, Justice G Ilangovan of the Madurai bench noted that the warden's intention, whether good or bad, had to be looked into at the time of trial. The court also added that other points raised by the warden also could be considered at the time of trial and the case was not fit to be quashed.

“Coming to the opening paragraph of the discussion whether the road to hell is paved out of her good intention is a matter to be taken into account at the time of trial. So, I am of the considered view that this is not a fittest case to exercise the jurisdiction under section 482 Cr.P.C to quash the proceedings. But however, considering the position of the petitioner, her personal appearance before the trial court is dispensed with,” the court observed.

While an attempt was made to bring in a forcible religious conversion angle to the issue, the CBI had ruled out the same. The court appreciated the CBI for bringing out the truth in an honest manner and noted that there was no ground to suspect the allegations of conversion. The court added that the allegations of conversion should have been avoided by those responsible and lamented that the damage already done could not be repaired.

“Perusal of the records shows that the attempt was made to stamp this event as forcible religious conversion, but the 1st respondent Investigating Officer has done a remarkable job in a honest manner to bring out the truth. There was no ground reason for suspecting the allegation of conversion. This was fairly admitted by the learned Special Public Prosecutor at the time of argument. These things ought to have been avoided by the responsible persons. But damage ought not to have been made. But made, which cannot be repaired now,” the court said.

While seeking to quash the case, the warden argued that she, being the hostel warden was more than a guardian and never intended the child to commit suicide. It was argued that the child was supersensitive and no extra pressure had been given to her. The warden also informed the court that the child's family situation was miserable and she was being treated improperly by her step mother because of which the child intended to remain in the hostel, even during vacations.

On the other hand, the CBI submitted that the intention of the warden could be looked into only at the stage of trial and the discharge stage was too premature to undertake such exercise. It was also submitted that the dying declaration given by the student clearly showed that she was subjected to mental stress, harassment, and teasing at the hands of the warden.

To this, the warden argued that the criminal case had to be looked into not upon the perspective of the deceased but upon the mens rea of the accused. It was also submitted that there were witnesses who testified the situation in the student's house which would also prove that there was no sufficient material to infer mens rea on the warden.

The court however noted that the veracity of the dying declaration had to be considered at the stage of trial and thus dismiss the discharge petition.

Counsel for the Petitioner: M/s. Nithya Ramakrishnan Senior Counsel for Mr.Henri Tiphagne

Counsel for the Respondent: Mr. N.Mohideen Basha Special Public Prosecutor for CBI, Mr.N.Anantha Padmanabhan Senior Counsel for Mr.S.Poornachandran

Citation: 2024 LiveLaw (Mad) 486

Case Title: Sr. Sagaya Mary v The State

Case No: Crl.OP(MD)No.14605 of 2024