‘Childless’ taunt not sufficient to instigate suicide, says J&K&L High Court
The Jammu & Kashmir & Ladakh High Court remarked, while acquitting the deceased's husband and her in-laws, that the present-day women are independent, aware, and resilient in addressing domestic issues.
Justices Sanjay Parihar and Sanjeev Kumar observed that the women are more aware, independent, and
resilient in addressing such domestic issues in contemporary times. This image is generated using AI.
The Jammu & Kashmir and Ladakh High Court recently upheld the acquittal of a man and his parents on charges of abetting his wife’s suicide, observing that an ordinary, prudent person would not take the extreme step of suicide for being called ‘childless’.
Justices Sanjay Parihar and Sanjeev Kumar, remarking that women in the present time are aware, independent, and resilient in addressing domestic issues, observed, “ an ordinary prudent person is expected not to take an extreme step merely on that account.”
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The bench stated that even if it was assumed that there were occasional tauntings to the deceased for not bearing a child, it would not attract the ingredients of Section 306 Ranbir Penal Code (RPC).
“Undoubtedly, a woman expects dignity and respect in her matrimonial home; yet, what Section 306 contemplates is intentional instigation or persistent cruelty of such nature as to drive a person to end her life,” the court added.
Section 306 Ranbir Penal Code deals with abetment of suicide.
Additional Advocate General Ravinder Gupta, representing the state, filed an appeal in 2020 to challenge the trial court’s acquittal order.
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The high court dismissed the appeal, describing the prosecution’s case as ‘shaky and unreliable’.
“Double presumption of innocence”
The high court, while deciding the criminal appeal, pointed out that in matters of acquittal, a ‘double presumption’ operates in favour of the accused, in which the first presumption of innocence is a fundamental principle of criminal jurisprudence and the other one is reinforcement of that presumption by virtue of the acquittal provided by a competent court.
The court held that the presumption of innocence of the deceased’s husband and in-laws were not disturbed and remarked that there was no tangible or credible material suggesting any demand for dowry or cruelty or harassment for coercing the deceased to meet such a demand.
The court found the husband a habitual drinker but observed that such a habit cannot lead to the presumption that it made the deceased’s life miserable and drove her to take such harsh steps.
Background of case
The deceased was found dead at her matrimonial home in 2011. The deceased’s father lodged an FIR alleging continuous harassment and taunts for her inability to bear a child. The trial court acquitted the estranged husband and his parents, citing insufficient material to prove abetment of suicide by the deceased in 2016.
Justices Sanjay Parihar and Sanjeev Kumar observed that the women are more aware, independent, and
resilient in addressing such domestic issues in contemporary times. This image is generated using AI. 
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