Constant Threats To Falsely Implicate A Person In Cases Of Rape, Eve-Teasing Is Abetment To Suicide: Madhya Pradesh High Court

In a recent order, the Madhya Pradesh High Court has held that a constant threat by the accused to falsely implicate the deceased/victim in a case of rape and eve-teasing can amount to abetment to suicide.

Refusing to allow the application preferred by the accused under Section 482 Cr. P.C., the single-judge bench of Justice Gurpal Singh Ahluwalia, opined that the threat of sending the deceased to jail by foisting false cases upon him could not be taken lightly as an empty threat. The bench sitting at Jabalpur found that the threats were not a one-off incident, and it was prima facie capable of demeaning and destroying the self-esteem of the deceased.

“….it is clear that the deceased, who was making preparation for appearing in PSC for getting a Government job, was upset because of his false implication in criminal cases he would not get any Government job apart from the continuous threat of his false implication in a case of rape and eve-teasing...”, the court also mentioned about how the continuous harassment and taunts about the ongoing legal proceedings involving the deceased could have driven him to commit suicide.

Stating the above reasons, the court deemed it fit not to meddle in the trial court proceedings in the light of sufficient material available against the applicants for the offence of Section 306 IPC.

On the factual aspects and ratio, the court has drawn a parallel to the apex court's judgment in UDE Singh & Ors v. State of Haryana (2019) to hold that the constant harassment could have the effect of destroying the victim's career and branding him as a criminal on the basis of false allegations.

In UDE Singh, the apex court upheld the conviction under Section 306 by stating that the accused were found to have played an active role in tarnishing the self-esteem and self-respect of the victim, which eventually drew the victim to commit suicide. The Top Court had also taken the stand that if the accused kept on irritating or annoying the deceased by words or deeds tarnishing the victim's self-respect until he/she/they reacted or was provoked, a case may be made out for abetment of suicide.

“…If the deceased was afraid and was apprehensive of destruction of his self-esteem and respect in the 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 court noted that there are specific allegations of taunts and harassment in the current case meted out by the neighbours of the deceased who are applicants.

When the counsel for the first applicant submitted that one of the clients was a doctor who should not be compelled to undergo the ordeal of trial, the court rebuked the argument by saying that no provision had been pointed out by the counsel that grants a doctor exemption from the provisions of Indian Penal Code.

The court also observed that the second applicant, who is the first applicant's mother, also shared a common intention to falsely implicate the deceased, though her actions have not been explicitly mentioned in the suicide note of the deceased.

The court didn't approve of the manner in which the respondent no.2, who is the deceased person/victim, was impleaded in Section 482 Cr.P.C application.

The witnesses, including the mother of the deceased, had mentioned how the deceased felt that the applicants had been constantly pressurising him by lodging false cases against him.

According to the witnesses, the deceased committed suicide in December 2022 because he was convinced that the applicants wouldn't allow him to pursue his career or get any other job peacefully.

Previously, the applicants submitted before the high court that none of the ingredients for abetment under Section 107 IPC had been made out. They also stressed the aspect that the mother of the deceased was notorious for making nuisance in the housing society, and various complaints have been lodged against her and her family so far.

The counsel for the respondents submitted that the harassment was not a singular event but a form of continuous torture. It continued even after the deceased left the place of residence for coaching in Indore after mortgaging their house.

According to the respondents, the first applicant had allegedly threatened the deceased to leave the colony after selling the house, which the court prima facie found to be relevant. Therefore, the single bench dismissed the application under Section 482 Cr.P.C.

For Applicants: Advocate Indu Pande

For Respondents: Advocate Dilip Parihar

Case Name: Dr. Shivani Nishad & Anr. v. The State Of Madhya Pradesh Through Police Station Bamhani District & Anr.

Case No: Misc. Criminal Case No. 27101 of 2023

Citation: 2024 LiveLaw (MP) 114

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