Mumbai court acquits businessman in 2013 suicide case; says 'harassment not enough' to prove abetment

MUMBAI: Observing that mere harassment by itself is not sufficient to find an accused guilty of abetting suicide, a sessions court acquitted after 12 years a 37-year-old businessman charged with abetting the suicide of his partner, who was HIV-positive and an ex-wife of a builder.

The woman had leapt off the 15th floor of her building in Goregaon in 2013.The ex-husband, the complainant in the case, alleged that the accused used to harass the woman due to her illness. The court, however, held that the prosecution failed to provide evidence of "active or direct action" by the accused that led the woman to take her own life. The court further said that the act must reflect an intention to push the deceased into a position where they find no other option but to end their life.

Concluding that no such direct link was established, the judge ruled, "There is no prosecution evidence to prove that the accused had the mens rea (intention to abet the act) to instigate or push the deceased to commit suicide."Victim's former husband claimed that despite their divorce in 2006, they continued to reside in the same building where he supported her and their daughter. He alleged that the victim entered into a relationship with the accused, a neighbour, which later turned abusive.

The accused allegedly began assaulting and harassing the victim after she tested positive for HIV in 2012. He further alleged that the accused had forced her into an abortion and sent obscene messages through friends, leading to a "mental shock" that resulted in her jumping from the 15th floor of her building.

During the proceedings, the court examined the deposition of the former husband and the victim's sister. It was noted that the former husband's claims regarding a forced abortion were not supported by medical evidence, as a doctor clarified that no such procedure took place at her hospital. Additionally, the court found the sister's deposition unreliable, noting she was unaware of the victim's health at the time of the incident.