When teachers are advising their students to study carefully and to explain the derivation or equation, it is part and parcel of the education, and it would not amount to aiding in suicide is upheld by the Madras High Court in the case of Kiruthika Jayaraj v. State of Tamil Nadu (Crl.O.P.Nos.20088,20135 and 20406 of 2022) through Justice G.K.Ilanthiraiyan.
FACTS OF THE CASE
In this instant case, the deceased was a day student enrolled in the 12th standard at Sakthi Higher Secondary School. She then boarded in the aforementioned school’s hostel. The victim leaped from the third story of the dormitory, the school called the victim’s parents on July 13, 2022, informing them of the incident. The parents received a second phone 30 minutes later informing them that their daughter had passed away and that her body was being kept at the Government Hospital.
When the deceased’s parents checked the scene of her death and discovered there was no evidence that she had leapt from the building, they became suspicious of the school administration and filed a complaint. The FIR was initially filed under Section 174 of the Criminal Procedure Code of 1973, but it was later changed to charge five accused people with violating Sections 305 of the Penal Code of 1860, Section 75 of the Juvenile Justice (Care and Protection of Children) Act of 2002, and Section 4(B)(ii) of the Tamil Nadu Prohibition of Harassment of Women Act of 2002.
The Court noted that the deceased’s parents forced her to continue her education at the residential school, and statements from the deceased’s classmates indicated that she struggled with chemistry equations. In addition, the suicide note also stated that the deceased struggled with chemistry equations. In addition, she asked the Secretary and Correspondent in the suicide note to reimburse her parents for the book and tuition costs. It is therefore obvious that the dead committed suicide, and there is no evidence to support the prosecution’s claim that the petitioners encouraged the suicide.
The court noted that the other injuries found on the body of the deceased are all ante-mortem injuries and there is no iota of evidence for rape and murder of the deceased as per the postmortem reports. The Court said that when teachers are advising their students to study carefully and to explain the derivation or equation, it is part and parcel of the education, and it would not amount to aiding in suicide.
Accordingly, bail was granted to all of the petitioners since, as a result, no one was charged with an offence under S. 305 of the Penal Code.
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JUDGEMENT REVIEWED BY NISHTHA GARHWAL