An engineering institute's director and teacher, accused of abetting a student's suicide in 2005, were discharged by a Delhi court due to lack of evidence to make them face trial.
Harsh Khatri, a student of mechanical and automation engineering at Amity School of Engineering and Technology in west Delhi's Bijwasan area, ended his life in October 2005 after he was erroneously awarded zero marks in a subject.
Additional Sessions Judge TR Naval discharged then institute director BP Singh and teacher VV Krishna Shastri of the charges of suicide abetment.
"It would be a travesty of justice to compel the appellant to face a criminal trial without any credible material whatsoever. Consequently, the order of framing charge under section 306 IPC (Indian Penal Code) against the appellant is quashed," said Judge Naval in an order made available Friday.
According to the prosecution, Khatri was awarded zero marks in a subject by mistake of his teacher Shastri. The student made all efforts for getting the error rectified but failed.
"He felt humiliated when his parents were allegedly insulted by the accused. He could not cope with the situation and ultimately ended his life," the prosecution said.
Khatri left a suicide note saying: "From my childhood I was told never to bend, it's better to break rather and I am completely broken in my heart."
The court said that Khatri's ill-learning led him to commit suicide and the accused could not be held guilty for the incident.
He was a bright student but he acted like a person who was hyper-sensitive, which may be a reason for committing suicide, the court said.
The judge noted that there was no evidence on record showing any criminal intent on the part of either of the accused.
The prosecution said the institute staff told Khatri not to raise a storm over the issue otherwise they would create problems for him at the time of placements. But the court held that "it does not amount to instigation or abetment of suicide".
The court said that even if the accused had failed to correct the mistake it did not amount to a reason for committing suicide. Many legal remedies were available to Khatri for rectification of the error.
Harsh Khatri, a student of mechanical and automation engineering at Amity School of Engineering and Technology in west Delhi's Bijwasan area, ended his life in October 2005 after he was erroneously awarded zero marks in a subject.
Additional Sessions Judge TR Naval discharged then institute director BP Singh and teacher VV Krishna Shastri of the charges of suicide abetment.
"It would be a travesty of justice to compel the appellant to face a criminal trial without any credible material whatsoever. Consequently, the order of framing charge under section 306 IPC (Indian Penal Code) against the appellant is quashed," said Judge Naval in an order made available Friday.
According to the prosecution, Khatri was awarded zero marks in a subject by mistake of his teacher Shastri. The student made all efforts for getting the error rectified but failed.
"He felt humiliated when his parents were allegedly insulted by the accused. He could not cope with the situation and ultimately ended his life," the prosecution said.
Khatri left a suicide note saying: "From my childhood I was told never to bend, it's better to break rather and I am completely broken in my heart."
The court said that Khatri's ill-learning led him to commit suicide and the accused could not be held guilty for the incident.
He was a bright student but he acted like a person who was hyper-sensitive, which may be a reason for committing suicide, the court said.
The judge noted that there was no evidence on record showing any criminal intent on the part of either of the accused.
The prosecution said the institute staff told Khatri not to raise a storm over the issue otherwise they would create problems for him at the time of placements. But the court held that "it does not amount to instigation or abetment of suicide".
The court said that even if the accused had failed to correct the mistake it did not amount to a reason for committing suicide. Many legal remedies were available to Khatri for rectification of the error.
0 comments:
Post a Comment