HC gives relief to woman in suicide abetment case
The HC said, even assuming that deceased had a love affair with the applicant that itself is not sufficient for registration of offence against the womanmumbai Updated: Mar 18, 2018 00:53 IST
The Bombay high court has struck down abetment to suicide case registered against a 28-year-old woman from Yavatmal district solely on the basis of her Facebook and WhatsApp chats with the deceased, a final year BCom student.
The division bench of Justice BR Gavai and Justice MG Giratkar said that even if the contents of complaint lodged by Kumud Dhole, mother of the deceased - Vedant, were taken to be true, no offence was made out against the accused woman.
The judges said that the complainant merely stated that the deceased son of the complainant had love affair with the woman and he was in touch with her through Facebook and WhatsApp.
“Except this contention, there is nothing in the report (the complaint) to show that the applicant instigated or abetted the deceased to commit suicide,” said the bench exonerating the 28-year-old woman from the charge of abetting suicide of the college student. “From the face value of the report lodged by non-applicant No.2 (complainant), offence punishable under Section 306 of the Indian Penal Code is not made out,” it added.
Vedant was studying in BDP College at Pandharkavda. He was a final year student of BCom, but he was staying at Nagpur for his preparations for Chartered Accountancy and Master of Business Administration. On March 23, 2017, Vedant consumed some poisonous substance and was taken to hospital where he was declared brought dead.
After his death, the family members of the deceased started searching for the cause of his taking the drastic step and from his mobile number noticed that he was frequently chatting with and talking to a woman for the past one-and-half year.
When his father dialled the number, the woman disclosed her name as Sonu Singh. However, four months later, when he again contacted her she disclosed her name to be Priya Chamedia, which purportedly turned out to be the accused woman.
The mother of the deceased then approached the police complaining that her deceased son was in love with the woman and the affair was the cause of her son’s suicide, and acting on the complaint police booked the woman.
The high court, however, held the complaint did not disclose any instigation or any instance that would have driven Vedant to commit suicide. Even assuming that deceased had love affair with the applicant that itself is not sufficient for registration of offence under Section 306 of the IPC against the woman, it said.