The Gujarat High Court has nullified criminal charges levied against a school trustee and a teacher. accused of slapping and humiliating an 18-year-old student, purportedly leading to his tragic suicide.

Justice Divyesh Joshi concluded that there was insufficient evidence on record to demonstrate that the accused individuals encouraged the student to take his own life.

"To attract offence under section 306 of the Indian Penal Code (IPC) there must be instigation in some form on the part of the accused to cause the deceased to commit suicide. The act of instigation must be of such intensity that it is intended to push the deceased to such a position under which he or she has no choice but to commit suicide," the judge explained.

The judge further added that any alleged instigation must have occurred in close proximity to the actual act of committing suicide. The Court expressed its condolences over the tragic loss of the young student's life and acknowledged the pain and suffering being endured by his mother.

The incident in question pertained to the tragic suicide of a Class 12 science student on January 22, 2016.

Following the student's death, the mother revealed that she had been informed by other students about certain occurrences preceding the tragedy.

According to the disclosed information, one of the deceased student's classmates informed the trustee that the earlier teaching staff of the school was better than the new staff.

The accused teacher reportedly overheard the complaint and proceeded to physically assault the student who raised it. It is further alleged that the accused made explicit threats, indicating intentions to continue assaulting other students within the class in the days to follow.

Several days before the tragic suicide, a disturbance unfolded behind the bench of the deceased student, prompting the accused teacher to administer three slaps to the student. When the deceased questioned the teacher regarding the reason for the slapping, asserting his innocence, the teacher allegedly responded that he would provide an explanation by evening.

When the student continued to inquire about the reason for his punishment, the teacher purportedly ejected him from the class and directed him to meet with the trustee. Subsequently, the student was required to remain on the school premises until 6 PM under the trustee's supervision. The following day, the deceased student was instructed to sit idle for a duration of two hours on the fourth floor of the school building. After this period, the trustee informed the student that his parents had been notified of his conduct. Tragically, shortly after this exchange, the student took his own life.

A criminal case was lodged against both the school's trustee and the teacher. In their petition to dismiss the case, the accused asserted that the entirety of the case relied on hearsay evidence.

Senior Advocate Asim Pandya along with Advocate Gaurav Vyas appeared for the accused.

Additional Public Prosecutor Dhawan Jayswal represented the State.

Advocate Utpal M Panchal represented the complainant.

Case Title : Chandresh Vasantbhai Malani v. State of Gujarat