Daijiworld Media Network - Udupi (SP)

Udupi, Dec 17: The high court (HC), which heard a case in which a girl had ended her life to register her disapproval of the man's decision to go abroad, dismissed the case in which the youth was charged with abetment to suicide.

The lower court had ruled that abetment to suicide charge does not stand the test of law in this case. The state government had appealed against this verdict, and requested the high court to revive the abetment charge. The single judge bench headed by Justice Somashekhar passed the said order, quashing the appeal.

The HC upheld the decision of the trial court, duly observing that just because the man was in love with the lady does not mean that going against her wishes would tantamount to abetment of suicide. It pointed out that abetment to suicide would need a conspiracy, encouragement to commit the act, deceit and mala fide advice.

As the youth decided to go abroad, his lover had become overwhelmed and ended her life due to depression. "Just because the youth was loving Rakshita does not mean that he abetted this suicide. Under Indian Penal Code section 107, there should be encouragement to end life, and one or more than one should have conspired to make this happen," the high court observed.

The high court also said that the lower court had not erred in absolving the accused, Tushar Kotian, of the charges, before quashing the appeal preferred by the prosecution.

Rakshita and Tushar Kotian from Udupi district were in love with each other since 2010. After Kotian told Rakshita that he was preparing to leave for a foreign nation, Rakshita had ended her life on November 30, 2012.

Udupi town branch police had filed abetment to suicide case in 2013 against Kotian under Indian Penal Code section 306. Kotian had applied to the court seeking to acquit him of these charges. The lower court had approved his request and relieved him of the charges on May 30, 2015. Against this order, the state government had filed appeal in the high court.