Supreme Court of India Set Aside Conviction and Sentence under Sections 306 and 114 of the Indian Penal Code, 1860 Due to Lack of Direct or Proximate Evidence.

Conviction for abetment to suicide requires direct or proximate acts of instigation or aiding. Mens rea and clear incitement are essential elements for establishing abetment. Delayed evidence without proper explanation cannot be relied upon without corroboration. (Paras: 31, 34, 36, 45, 46)

The Supreme Court held that the conviction under Sections 306 and 114 of IPC was not sustainable due to lack of proximate and credible evidence. The delay of 20 days in lodging the FIR raised serious doubts on the authenticity of the suicide note. No recovery of any money, ornaments, or blackmailing material was found. Inconsistencies in witness testimonies undermined the prosecution's case.

Acts and Sections:

• Constitution of India (COI) – Article 136

• Code of Criminal Procedure, 1973 (CrPC) – Section 313

• Indian Penal Code, 1860 (IPC) – Sections 306, 107, 114

• The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 – Section 3(2)(5)

Subjects:

Abetment – Suicide – Blackmailing – Suicide Note – Proximate Act – Mens Rea – Delay in FIR – Evidence Appreciation – Acquittal – Conviction Set Aside

Nature of Litigation: Criminal Appeal under Special Leave Petition

Relief Sought: Setting aside of conviction and sentence imposed under Sections 306 and 114 of IPC

Reason for Filing the Case: Allegation of blackmail leading to the suicide of the deceased

Previous Decisions:

• Conviction and sentence by Additional Sessions Judge, Mehsana on 12.05.2011

• High Court of Gujarat upheld the conviction on 17.12.2013

Issues:

1. Whether the appellants abetted the suicide of the deceased as defined under Sections 306 and 107 of IPC.

2. Whether the suicide note was credible and admissible evidence.

3. Whether the prosecution proved its case beyond reasonable doubt.

Submissions/Arguments:

a) Appellants:

• Lack of direct or proximate evidence of blackmailing or abetment.

• Delayed presentation of suicide note after 20 days.

• Absence of recovery of money, ornaments, or compromising material.

b) Respondent (State of Gujarat):

• Suicide note allegedly written in the deceased’s handwriting.

• Death due to poisoning established by postmortem.