Exploiting Partner, Not Trying To Alleviate Sufferings May Attract S.306 IPC: Court Refuses To Discharge Boyfriend In Pratyusha Banerjee Suicide Case

Exploiting one's partner to an extent that they express the desire to not live and not taking any steps to alleviate their sufferings may attract the offence of abetment of suicide, the Sessions Court held while refusing to discharge event planner Rahul Raj Singh accused of abetting starlet Pratyusha Banerjee’s suicide in 2016.

Additional Sessions Judge SJ Ansari prime facie observed that Singh, Banerjee’s live-in partner, made her life a “living hell” and could be said to have intentionally aided and incited her suicide.

“The accused who was living with the deceased could not be said to have been unaware about the state of her mind as also of she being caught in a catch 22 situation i.e. about she being aware of it being beneficial and necessary to leave her exploitive partner, but still wanting to marry him. This state of being of Pratyusha as per the material, on record, was on account of the accused, whose harassment made her think about suicide. The fact that he did not take any steps to alleviate her sufferings, in my opinion, will clearly bring him within the clutches of having abetted the suicide of the deceased,” it observed.

Banerjee is known for her role in the television serial Balika Vadhu. She died by suicide in her rented flat in Goregaon (West) on April 1, 2016. Singh, who was booked for abetting her suicide was granted anticipatory bail by the Bombay High Court in July, 2016. In April 2018, the Bangur Nagar police filed a chargesheet in the case, prompting Singh to file a plea seeking discharge in the matter.

Singh claimed Banerjee was under the influence of alcohol when she took the drastic step and wasdepressed because of lack of work. He cited the case of Mariano Anto Bruno Vs Inspector of Police to say that there was no direct or indirect incitement through him to Banerjee and therefore ingredients were not met.

However, in the order the court noted the overwhelming number of statements from Bannerjee’s friends and family that pointed towards an abusive live in relationship and the control he exercised on her life.

“Statements of the deceased's parents, uncle, aunt, friends, employees, servant and neighbours will therefore, prima facie make out a case of the accused after entering the life of the deceased, having slowly but surely taken control over all the aspects of her life, specially her financial transactions.”

There is also prima facie material to indicate the accused suspected Banerjee’s character and physically assault her. Moreover, Singh ensured Banerjee’s mother who was living with her returned home leaving her emotionally vulnerable and completely dependent on him. Singh was using her debit cards and had also begun depositing money in his account from there, the court said.

The court also said that in Mariano Anto (supra) the Apex Court had said that referred to jected the accused’s reliance on the judgement to say, "If the accused plays an active role in tarnishing the self­esteem and self-respect of the victim, which eventually draws the victim to commit suicide, the accused may be held guilty of abetment of suicide."

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