In a recent case the Supreme Court acquitted a husband who had been convicted for abetting the suicide of his wife back in 1993. 

The bench, of Justices JB Pardiwala and Manoj Misra, expressed deep concern over the prolonged ordeal endured by the accused, emphasizing the inherent challenges within the criminal justice system itself.

The Court, while acknowledging the tragic loss of a young woman and the principle that no crime should go unpunished, underscored the paramount importance of determining guilt strictly in accordance with the law. 

The case in question dates back to 1993 when the wife tragically took her own life, leaving behind a 6-month-old infant. The husband was accused of subjecting her to harassment leading to the decision of ending her life.

Initially convicted by a trial court in 1998 and subsequently upheld by the Punjab and Haryana High Court in 2008, the husband's conviction under Section 306 of the Indian Penal Code was challenged before the apex court.

The Supreme Court, in its meticulous analysis of the case, highlighted the necessity for substantial evidence to establish guilt in cases of abetment of suicide. Mere allegations of harassment, the Court stressed, are insufficient to constitute abetment. It articulated that the prosecution must demonstrate an active or direct act that led the deceased to commit suicide, along with the presence of mens rea, or criminal intent.

Moreover, the Court clarified that the presumption under Section 113A of the Indian Evidence Act, which pertains to the abetment of suicide by a married woman, cannot be automatically applied based solely on the duration of marriage. Instead, courts must meticulously evaluate evidence of cruelty or harassment, exercising caution to ensure justice is served without presumption or bias.

The ruling serves as a significant precedent, reaffirming the fundamental principles of justice and the need for rigorous scrutiny of evidence in cases involving allegations of abetment of suicide. It underscores the solemn responsibility of the judiciary to uphold the rule of law while safeguarding the rights of the accused.

In light of the insufficiency of conclusive evidence to support the conviction, the Supreme Court allowed the appeal and acquitted the accused husband of the charges against him.

The legal battle, spanning over three decades, finally concludes with this verdict, bringing closure to a long and arduous chapter in the life of the accused and his family.

Case: Naresh Kumar vs State of Haryana,

CRIMINAL APPEAL (NO.) 1722 of 2010 (@ SPECIAL LEAVE PETITION (CRIMINAL) NO. 8873/2008).

Click to read/download order.