38.6c New Delhi, India, Thursday, April 18, 2024
Judiciary

SC acquits man in abetment to suicide of wife after 30-year ordeal [Read Order]

By Jhanak Singh      29 February, 2024 01:51 PM      0 Comments
SC acquits man in abetment to suicide of wife after year ordeal

NEW DELHI: The Supreme Court has set free a man in a case of abetment to suicide of his wife, after expressing anguish over his 30 year ordeal which began in 1993 and ended in 2024.

A bench of Justices J B Pardiwala and Manoj Misra stressed that the courts must remain very careful and vigilant in applying the correct principles of law governing the subject of abetment of suicide of a woman within seven years of marriage or it may give an impression that the conviction is not legal but rather moral.

The court acquitted appellant Naresh Kumar setting aside the Punjab and Haryana High Court's judgement which upheld the trial court's order holding him guilty.

In the case of accusation for abetment of suicide, the court should look for cogent and convincing proof of the act of incitement to the commission of suicide and such an offending action should be proximate to the time of occurrence, the bench said.

"What ultimately led the deceased to take such a drastic step of committing suicide is not clear," the bench said.

The court referred to oral evidence of the woman's father and brother saying it does not disclose any form of incessant cruelty or harassment on the part of the husband which would in ordinary circumstances drag the wife to commit suicide as if she was left with no other alternative.

"Mere demand of money from the wife or her parents for running a business without anything more would not constitute cruelty or harassment," the bench said.

With regard to ordeal, the bench said the criminal justice system of ours can itself be a punishment.

"It is exactly what has happened in this case. It did not take more than 10 minutes for this court to reach to an inevitable conclusion that the conviction of the appellant convict for the offence punishable under Section 306 of the IPC is not sustainable in law," the bench said.

The court said the mere fact that the deceased committed suicide within a period of seven years of her marriage, the presumption under Section 113A of the Evidence Act would not apply.

"The court should be extremely careful in assessing evidence under section 113A for finding out if cruelty was meted out. If it transpires that a victim committing suicide was hyper sensitive to ordinary petulance, discord and differences in domestic life quite common to the society to which the victim belonged and such petulance, discord and differences were not expected to induce a similarly circumstanced individual in a given society to commit suicide, the conscience of the court would not be satisfied for holding that the accused charged of abetting the offence of suicide was guilty," the bench said.

The court also said it is now well settled that in order to convict a person under Section 306 of the IPC there has to be a clear mens rea to commit the offence.

"Mere harassment is not sufficient to hold an accused guilty of abetting the commission of suicide. It also requires an active act or direct act which led the deceased to commit suicide. The ingredient of mens rea cannot be assumed to be ostensibly present but has to be visible and conspicuous," the bench said.

In the absence of any cogent evidence of harassment or cruelty, an accused cannot be held guilty for the offence under Section 306 of IPC by raising presumption under Section 113A, the bench said.

In the case, the bench said the High Court as well as the trial court got enamoured by just three things, the deceased committed suicide within seven years of marriage, the accused was demanding money from the parents of the deceased for starting some business, and the deceased used to remain tense.

 

[Read Order]



Share this article:

About:

Jhanak Singh - Lawstreet Journal

Follow:
FacebookTwitterLinkedinInstagram


Leave a feedback about this
Related Posts
View All

Ayodhya verdict: SC rules in favour of Ram Lalla, Sunni Waqf Board gets alternate land Ayodhya verdict: SC rules in favour of Ram Lalla, Sunni Waqf Board gets alternate land

SC bench led by CJI Ranjan Gogoi has allotted the dispute site to Ram Janmabhoomi Nyas, while directing the government to allot an alternate 5 acre land within Ayodhya to Sunni Waqf Board to build a mosque.

Himachal Pradesh High Court Grant Bail to a Man Accused of Committing Unnatural Acts with Cow, Said that there is no Criminal History Depicting Pervert Mind [READ ORDER] Himachal Pradesh High Court Grant Bail to a Man Accused of Committing Unnatural Acts with Cow, Said that there is no Criminal History Depicting Pervert Mind [READ ORDER]

without commenting on the merits of the case at this stage of investigation and the period of detention he faced in jail, the Court after analyzing all things allowed bail to the accused person ( Jai Ram). Himachal Pradesh High Court, Grant Bail, Justice Anup Chitrakara

How the Waqf Board has the third largest ownership of land after the Indian Railways and the Defense Dept.? How the Waqf Board has the third largest ownership of land after the Indian Railways and the Defense Dept.?

SHO Bhardwaj was quick to defend the Maulvi in questioning regarding the Mazar but harassed the reported who sought truth. Why did the SHO have to harass a Media reporter when he was doing his job? Who benefits from this? Why is there a Mazar on a flyover? Why is a Minority Welfare development Board in control of so much property? || #Mazar #SHOBhardwaj #Mazar #Mosque #WaqfBoard #Islam #News #Waqf #RemoveSHOBharadwaj

Does the Waqf board hold any relevance in the secular India of today? Does the Waqf board hold any relevance in the secular India of today?

Towards the end of the clip, Advocate Jain can be seen questioning the leaders of our land, the Central Government, and the parliament to look into the above and review such biased provisions for the greater good of all.  In the end, we are made to question if India is a secular country in the true sense of the term, after all! Wakf board land scam, Central Waqf Board, secular India article

TRENDING NEWS

burden-to-prove-dishonest-damage-to-electric-meter-is-for-electricity-theft-is-on-the-prosecution-says-delhi-hc
Trending Judiciary
Burden to prove dishonest damage to electric meter is for electricity theft, is on the prosecution: Delhi HC [Read Judgment]

Delhi High Court has held that the burden to prove that a person has ‘dishonestly’ damaged an electric meter to commit electricity theft is on the prosecution.

17 April, 2024 05:41 PM

TOP STORIES

two-day-conference-on-april-on-technology-and-dialogue-between-sc-and-singapore
Trending Legal Insiders
Two-day conference on April 13-14 on Technology and Dialogue between SC and Singapore

Explore AI's role in law at the India-Singapore Supreme Court conference on technology, enhancing judicial processes and access to justice, April 13-14, 2024.

12 April, 2024 06:16 PM
lsj-exclusive-interview-how-bjp-govt-will-free-chhattisgarh-from-naxal-menace
Trending Interview
LSJ Exclusive Interview: How BJP govt will free Chhattisgarh from “Naxal menace”? [Watch Video]

What is Chhattisgarh govt's plan for solving the Maoist/Naxalite problem in the state? Will there be a surgical strike against the Naxals or solution will be found via diplomatic channels? Read the Exclusive Interview with the Deputy Chief Minister Vijay Sharma.

13 April, 2024 12:33 PM
sc-rejects-review-of-order-to-pay-rs-154-cr-compensation-to-ex-air-force-staff-for-transfusion-of-hiv-infected-blood
Trending Judiciary
SC rejects review of order to pay Rs 1.54 Cr compensation to ex Air Force staff for transfusion of HIV infected blood [Read Order]

SC denies review of Rs 1.54 Cr HIV compensation order to ex-Air Force staff for medical negligence.

13 April, 2024 03:13 PM
cji-cautions-against-overlooking-ethical-legal-consideration-on-use-of-ai-in-court-adjudication
Trending Legal Insiders
CJI cautions against overlooking ethical legal consideration on use of AI in court adjudication

CJI D Y Chandrachud warns about ethical, legal challenges in AI use in courts, stressing need for thorough review.

13 April, 2024 07:08 PM

ADVERTISEMENT


Join Group

Signup for Our Newsletter

Get Exclusive access to members only content by email