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Criminal LawSupreme Court of India

Ude Singh & Ors. v. State of Haryana

Criminal Appeal · 2019 INSC 810Decided 25 Jul 2019
Criminal Appeal No. 233 of 2010
Justice Abhay Manohar Sapre · Justice Dinesh Maheshwari

Background

The accused, close relatives and neighbours of an 18-year-old girl in a Haryana village, with whom their families had multiple ongoing disputes, repeatedly taunted her by calling her their "wife," "aunt," or "younger brother's wife," humiliating her over a broken engagement. After a final incident on 5 May 1996 where the taunting escalated, the girl told her mother she could no longer bear it, and the next morning she was found dead by hanging. The accused were tried and convicted for abetment of her suicide, and the High Court upheld the conviction while reducing the sentence; they then appealed to the Supreme Court.

Decision Breakdown

The Supreme Court held that the sustained, deliberate taunting was not mere "eve-teasing" or insult but a continuous course of humiliation intended to push the girl to the brink of helplessness, which squarely amounted to instigation/abetment of suicide under Section 306 IPC, and upheld the conviction of the main accused (appellants No. 1 and 3). However, it found that appellant No. 2 (accused No. 3, Manoj Kumar) was only about 16 years old on the date of the offence, based on his matriculation certificate, and was therefore entitled to the benefit of the Juvenile Justice (Care and Protection of Children) Act, 2000. The Court partly allowed the appeal, setting aside the conviction and terminating proceedings against this juvenile appellant, while dismissing the appeal and upholding the sentence for the remaining appellants.

Lesson Learnt

Persistent, humiliating taunting that is calculated to destroy a person's self-esteem and drive them to despair can amount to criminal abetment of suicide, even without a single dramatic act; separately, an accused can claim the protection of juvenile status based on documentary proof of age even at a late stage of appeal, if proven.

Ude Singh & Ors. v. State of Haryana – Legal Case Shots | LegalAware