Threats of falsely implicating a person in a case of rape and eve-teasing, when the threatening was to the extent of demeaning and destroying his self esteem would amount to abetment of suicide, Madhya Pradesh High Court has said.
In a judgment dated May 7, 2024, Justice G.S. Ahluwalia refused to quash the criminal proceedings under IPC Section 306 (abetment of suicide) against Shivani Nishad and her mother Rani Nishad, residents of Balaghat in Madhya Pradesh. A case of abetment of suicide had been filed against them after Pawan Ahuja, also from Balaghat and a government job aspirant, had killed himself in December, 2022.
The two women had moved the High Court in 2023 seeking quashing of criminal proceedings against them.
“A constant threat to falsely implicate the deceased in a case of rape and eve-teasing and to send him to jail would not be a mere empty threat. It would demean and destroy his self-esteem as well as his career by branding him as a criminal committing a heinous crime of rape and by ensuring that the deceased is lodged in jail on the basis of false allegations,” the High Court said.
“If the deceased had been afraid and apprehensive of destruction of his self-esteem and respect in society, then on account of daily humiliation at the hands of the accused persons, if the deceased committed suicide, then prima facie an offence under Section 306 of IPC would be made out,” the order stated.
According to the case details and court findings, various cases had been filed against the deceased and his mother Shanti Ahuja by their neighbours, including Rani Nishad and Shivani Nishad.
According to the prosecution, the deceased was fed up with the pending cases filed on “false pretext” as well as the threats from Shivani Nishad that he “should leave the colony otherwise she would falsely implicate him in the case of rape and eve-teasing and would send him to jail”. The prosecution said the deceased was unable to focus on his studies in Indore, where he had gone to prepare for the Madhya Pradesh Public Service Commission examination.
The prosecution also said that the deceased had moved out of his house in Balaghat and had started living in Bamhani in the neighbouring Mandla district about two months before his death. Pawan had also approached local police in Balaghat against the Nishads but some constables known to them did not register his case, the prosecution alleged.
“Taunting and humiliation at the hands of the applicants was not the singular event but it was a continuous torture. It is clear from the statements of the witnesses that the deceased was under the continuous threat given by applicant No.1 (Shivani Nishad) for falsely implicating him in a case of rape and eve-teasing and when the threatening was to the extent of demeaning and destroying his self esteem, then it would amount to abetment of suicide,” the prosecution had submitted.
