For Abetment Of Suicide, There Must Be Proof Of Incitement: Supreme Court

The Supreme Court acquitted a Chennai-based doctor and his mother convicted of driving his wife to take the extreme step.

There must be proof of direct or indirect acts of incitement and evidence of continuous harassment against the accused in an abetment to suicide case for holding them guilty, the Supreme Court observed on Wednesday and acquitted a Chennai-based doctor and his mother convicted of driving his wife to take the extreme step.

It said there should also be cogent evidence to establish a positive action by the accused which should be proximate to the time of occurrence and can be said to have led or compelled a person to take the drastic step.

A bench of Justices MR Shah and Krishna Murari said after having considered the facts of the case and upon appreciation of evidence of the eyewitnesses and other material adduced by the prosecution, "we are of the view that Trial Court wrongly convicted the Appellants (doctor and his mother) and the High Court was also not justified in upholding the conviction of the Appellants under Sections 306 (abetment of suicide) and 498A IPC (harassment for dowry)".

It set aside the impugned judgment of the high court dated January 31, 2022 as well as the order of the trial court of March 26, 2021, calling them unsustainable.