Suicide over “breakup trauma” not viable for abetment case, says Mumbai court

An ex-boyfriend in Vadodara was convicted in an abetment case after a woman committed suicide over denial of marriage

Updated: Mar 4th, 2024

Abetment of Suicide Case

A Mumbai court has acquitted a woman and her fiancé on Feb 29, accused of abetment of suicide, stating that if someone commits suicide over a breakup’s mental trauma, their partner cannot be charged.

Manisha Chudasama and Rajesh Pawar were accused of abetting the suicide of Nitin Keni, Chudasama’s ex-boyfriend. Keni was found hanging in his home on Jan 15.

Additional sessions judge NP Mehta, while hearing this case, said that although it is morally wrong to change your partner as per your will, there is no legal provision for someone who fails in a relationship.

“If a person in love breaks up with their partner for no reason, the person might face mental distress. But if the person mentally traumatised by a broken relationship commits suicide, it is not a case under Section 306 and Section 107 of the IPC (Indian Penal Code),” the court said.

The judge said in his order that abetment under Section 306 of the IPC occurs when there is an indication, instigation, or encouragement by the accused to the deceased to commit suicide.

“Even if it is assumed that the woman had started dating someone else after breaking up with the victim, the circumstances were not such that the victim had to take the extreme step,” the court stated.

Victim side’s arguments

“The victim was ‘depressed and mentally broken’ and was heartbroken after the woman’s relationship with someone else,” the court said, quoting the testimony of the prosecution.

The prosecution had argued that the woman and her fiancé had mentally harassed the victim, and driven him to suicide. It added that the woman was in a relationship with the victim but had left him and started dating someone else.

However, the defendant side argued that the victim was stalking the woman and she had also filed a police complaint against him, which did not stop him from stalking her.

Vadodara suicide case

In a related incident, relating to abetment of suicide charges after a breakup, emerged from Vadodara’s Gorwa area.

A young woman reportedly took her own life after her boyfriend of two years, Parsing Rathwa, refused to marry her and verbally abused her.

Upon checking the woman’s phone after her suicide, call details showed that she received several calls from Rathwa on the day she died.

Police found that the couple had been together for two years and even planned to get married, but Rathwa wanted to marry someone else. This complication led the woman to take the tragic step.

Rathwa himself informed the woman’s family about this incident.

Gorwa police inspector (PI) KN Lathiya stated that they have arrested Rathwa and levied respective charges against him. Following which, he was sent to jail by the court.

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