A Mumbai court, in its observation, acquitted a woman accused of abetting her ex boyfriend's death by suicide following their breakup, stating that suicide resulting from mental trauma after a breakup does not constitute a case of abetment.
On February 29, Additional Sessions Judge NP Mehta made the observation that while changing partners at one's discretion might be considered morally wrong, there is no legal recourse under penal law for individuals facing rejection in a relationship. As a result, the court acquitted Manisha Chudasama and her fiancé Rajesh Panwar, who were accused of abetting the suicide of Nitin Keni.
Mr Keni was found hanging in his house on January 15, 2016, and was rushed to a hospital, where doctors declared him dead.
"Morally, it is incorrect to switch love partners at one's whims and fancies, but if one sees from the provision of penal law, no remedy lies with the victim whose partner has switched his or her love relationship with other on her/his choice," the judge observed.
In his order, the judge stated that for abetment to be established under Section 306 of the Indian Penal Code, there must be active suggestion, instigation, or encouragement from the accused leading the victim to commit suicide.
"A person gets emotionally broken if the partner he loves breaks the relationship without any reason. If there are hard breaks in a love relationship and one partner commits suicide because of mental trauma would not bring his case under Section 107 read with 306 of the IPC," the court added.
The prosecution asserted that Ms. Chudasama and Mr. Panwar mentally tortured Mr. Keni, ultimately compelling him to die by suicide. According to their argument, Nitin Keni was previously in a relationship with Manisha Chudasama, who subsequently ended the relationship and became engaged to Rajesh Panwar.
On the other hand, the defense argued that Mr. Keni had been stalking Ms. Chudasama, leading her to file a police complaint against him. Despite this, they claimed, Mr. Keni persisted in his behavior.
The court noted from the prosecution's testimony that the victim, Nitin Keni, was "upset and mentally disturbed" and entered a depressive state of mind upon learning about Ms. Chudasama's relationship with Mr. Panwar. The court further remarked that even assuming Ms. Chudasama became engaged to Mr. Panwar after ending her relationship with Mr. Keni, such circumstances should not have led Nitin Keni to take such an extreme step.
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