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Court Rejects Suicide Abetment Discharge Plea
12 Sep
Summary
- High court denied businessman's discharge plea in fiancee's suicide.
- Model Nafisa Joseph died by suicide after wedding refusal.
- Court stated prima facie case against the applicant.
The Bombay High Court has denied a discharge plea filed by businessman Gautam Khanduja. He sought to be relieved of charges related to the abetment of suicide of his fiancée, model Nafisa Joseph. Joseph, a former Miss India Universe winner, died by suicide on June 29, 2004. Her wedding to Khanduja was scheduled for August 7, 2004.
Justice Milind Sathaye stated that there were sufficient grounds to proceed against Khanduja, dismissing his challenge to a previous sessions court order. According to the prosecution, Khanduja had agreed to marry Joseph but later refused, allegedly after misleading her about his marital status. This refusal, occurring shortly before their wedding, reportedly caused Joseph significant distress.
The court emphasized that a discharge application does not permit a mini-trial to assess conviction. Instead, it requires determining if a prima facie case exists. Considering the statements from Joseph's mother and friends, the court found that the circumstances leading to her suicide could potentially meet the ingredients of Section 306 of the Indian Penal Code (abetment to suicide). The trial is expected to proceed.
