The court said it is morally incorrect to switch partners at one's whims and fancies (Representational)
Death by suicide due to mental trauma after a breakup does not make for a case of abetment, a Mumbai court observed while acquitting a woman accused of abetting her former boyfriend's death.
It is "morally" incorrect to change partners as per one's whims and fancies, but there is no remedy under the penal law for the person facing rejection in a relationship, the court held.
Additional sessions judge NP Mehta made the observations on February 29 and acquitted Manisha Chudasama and her fiancee Rajesh Panwar - accused of abetting the suicide of one Nitin Keni.
Mr Keni was found hanging in his house on January 15, 2016, and was rushed to a hospital where doctors declared him dead.
"Morally, it is incorrect to switch love partner at one's whims and fancies, but if one sees from the provision of penal law, no remedy lies with the victim whose partner has switched his or her love relationship with other on her/his choice," the judge observed.
The judge, in his order, said that to constitute abetment under Section 306 of the Indian Penal Code, there should be active suggestion, instigation, or encouragement on the part of the accused to push the victim to die by suicide.
"A person gets emotionally broken if the partner he loves breaks the relationship without any reason. If there are hard breaks in a love relationship and one partner commits suicide because of mental trauma would not bring his case under Section 107 read with 306 of the IPC," the court added.
The prosecution argued that Ms Chudasama and Mr Panwar mentally tortured Mr Koni, driving him to die by suicide.
Nitin Keni was in a relationship with Manisha Chudasama. But she dumped him and got engaged to Rajesh Panwar, they said.
The defence contended that Mr Keni was stalking Ms Chudasama and she lodged a police complaint against him. But he persisted, they added.
The court said that from the testimony of the prosecution, it appears that the victim was "upset and mentally disturbed", and went into a depressive state of mind soon after he found out about Ms Chudasama's relationship with Mr Panwar.
Assuming she got engaged to Mr Panwar after breaking up with him, the circumstance should not have caused Nitin Koni to take the extreme step, the court said.
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