Evidence of Child Victim’s Suicide Note and Corroborative Circumstances Establish Conviction for Abetment of Suicide

On August 20, 2021, a 16-year-old schoolgirl committed suicide by hanging herself in her home

Investigation revealed that earlier that day, the appellant, a villager known to the victim, had shared a taxi with her and dropped off near Axxx Gxxx

According to a suicide note found in her room, the appellant chased her into a jungle, caught her near an ICDS center, and sexually molested her

The Trial Court convicted the appellant under Sections 306 (abetment of suicide), 341 (wrongful restraint), 354A (sexual harassment) of the IPC, and Section 8 of the POCSO Act

The appellant challenged the conviction, citing faulty investigation and failure to prove the victim’s age and the authenticity of the suicide note

1. Whether the prosecution successfully established that the victim was a "child" as defined under Section 2(1)(d) of the POCSO Act at the time of the incident

2. Whether the suicide note was proven to be authored by the victim and could be treated as a dying declaration under Section 32 of the Indian Evidence Act

3. Whether the actions of the appellant constituted abetment of suicide under Section 306 of the IPC

The court applied Section 2(1)(d) of the POCSO Act to determine minority status, supported by Section 35 of the Indian Evidence Act regarding the presumption of correctness of public records like birth certificates

It utilized Section 32(1) of the Indian Evidence Act, treating the suicide note as a dying declaration concerning the cause of death

For sentencing, the court invoked Section 42 of the POCSO Act and Section 71 of the IPC, which govern the prohibition of double punishment for the same offense or where acts fall under multiple definitions of offenses

The Court affirmed the victim’s age (17 years, 3 months) through consistent testimony from parents and medical officials, supported by the original birth register and school records

Regarding the suicide note, despite a contradictory statement by the Forensic Expert (PW-31) in cross-examination, the Court found the handwriting match conclusive when compared with admitted samples and corroborated by the victim's brother

Applying the law to the facts, the Court found a "solid, unbroken chain of evidence": the "last seen" evidence by the taxi driver (PW-8) placed the appellant and victim together; the suicide note vividly described the appellant's pursuit and sexual assault; and medical reports showed abrasions on the appellant’s elbow consistent with a struggle

The Court reasoned that the sense of shame and defilement resulting from the appellant’s heinous acts directly drove the victim to suicide, fulfilling the requirements for abetment

The Court answered that the victim was a child and the suicide note was a valid dying declaration. However, regarding the sentence, the Court set aside the separate sentence under Section 354A(2) of the IPC, citing Section 42 of the POCSO Act. The convictions under Section 306 IPC (10 years), Section 8 POCSO (5 years), and Section 341 IPC (1 month) were maintained, to run concurrently