Mumbai: A special court on Saturday granted bail to 18-year-old IIT student, Arman Khatri who was arrested for abetting suicide of his batchmate Darshan Solanki.
The court in its detailed order said that there is nothing on record to show the applicant was harassing him on the grounds of caste discrimination.
The police had opposed bail to Khatri and told the court that he had threatened Solanki with a paper cutter, angered by his objectionable remarks over his religion, due to which he died of suicide due to fear.
The order said that expect the one incident there is nothing to show that he had instigated Solanki to die by suicide.
Armaan allegedly wrote, ‘Armaan has killed me’ on the backside of a question paper.
The court said about this that mere allegations in the suicide note will not be sufficient to conclude that Solanki had died by suicide abetment. Khatri had cast doubts on the recovered note.
The court also observed that every suicide has a cause but all causes cannot be labelled as ‘abetment’.
“The harassment or torture should be of such a degree that it really left no option and drove a person to commit suicide. An individual may carry suicidal traits, or may be very emotional or may be very egoist or be jealous or vindictive", said the court.
The court added, "such emotions may overpower the individual leading him to take the drastic step to kill himself or herself. Under such circumstances, unless the mens rea (intention) is brought on record, prima facie it cannot be said that it is an abetment."
Special Judge, Anand Kanade designated under the SC/ST (Prevention of Atrocities) Act stated in the order. The student had been charged with offence under Sec 306 of the Indian Penal Code (IPC), abetment to suicide.
In observations on what constitutes the offence under the provision, the special court said there should be instigation or conspiracy (on the accused’s part) or the person should intentionally aid the deceased to die by suicide. “Harassment, suspicion, disputes, quarrels, jealousy, vengeance, ego can be the reasons to commit suicide. However, to constitute the offence under section 306 what is required is an abetment,” Judge Kanade stated in the order.
The order further added that there should be such an act to show that a person has instigated or he provoked or incited or encouraged towards the act of suicide.
The court also considered that Khatri is a 19-year-old IIT student with no criminal antecedents while granting the relief.
