Elizabeth Lee Wurtzel a famous American writer whose quote “A human being can survive almost anything as long as she sees the end in sight.” Late actor, Jiah Khan who had started shining as a star by acting opposite legends like Amitabh Bachchan. Her unnatural death opened question before the courts in India whether the cause of death was suicidal or homicidal due to the concerns raised by her family. The case also reflects upon the fact, how the pressure related to the career, relationships, and other issues for today’s population, leave them to succumb to it, while they need help to survive their stress. There was lesser talk on how the psychiatry needs to grow as a practice as world over suicide has been recognised as a serious health problem that affects all ages. The special CBI Court in this matter held based on the evidence on record that Sooraj Pancholi, her boyfriend cannot be held responsible for Jiah Khan’s inability to overcome her own sentiments and acquitted the actor in the homicidal case framed. Another concern is young lad journey from being framed as an accused to a man finally at liberty to walk free now, after facing so much of spotlight as accused, court trial, being arrested in the matter, spent 22 days in the jail, acquitted for non-existence of any abetment angle.
What was the cause for raising plea of homicidal death and Why CBI came into this matter?
There was brief relationship between the accused and deceased. The letter found after death of the actor formed the basis for pressing need for investigation from homicidal angle by the family. The supplementary chargesheet based on statement of the witness booked the accused under the matter.
The complainant filed a criminal writ petition in the Hon’ble High Court requesting to hand over/transfer the investigation to SIT/FBI with a specific direction to reinvestigate the matter to carry out further investigation and probe it from the point of view of homicidal death rather than suicidal death. Rabia Khan, mother of the late actor, Jia Khan had openly expressed before Bombay High Court about her skepticism in the criminal justice system and the investigating agency. Accordingly, the said criminal writ petition was allowed and investigation was transferred from Juhu police station to CBI to investigate homicidal angle.
Criminal courts deal with normal cases that are initiated either by directly approaching the Magistrate with a criminal complaint under s. 190 CrPC, or by filing a First Information Report with the State Police under s. 154 CrPC. Generally, there is one CBI court for a particular state, all cases of that state which are dealt by CBI are tried by that CBI court. On the other hand, criminal courts are generally present in every district. CBI courts follow a similar procedure of appeal as is followed by regular criminal courts. CBI cases are to be appealed for reconsideration in High Court of that state, it can further be appealed to at our highest court, Supreme Court. The CBI has power to investigate only in such type of offences as per what is notified under Central Government under DSPE Act.
Investigation by external agency in the matter
Petitioner even approached a Law Firm by the name of SCARMANS in the United Kingdom for seeking aid for legal review in the present criminal trial, a British Solicitor’s firm is situated beyond the territorial jurisdiction of our country. After almost 14 months SCARMANS furnished a Legal Review Report titled “LEGAL REVIEW INTO THE DEATH OF MS. NAFISA ALI RIZVI”. It is further responded by CBI that the alleged Legal Review Report does not contain any new facts which need further investigation.
The court held in the first place, it is not understood as to whether the authors of the report understand the difference between investigation and trial. Prima facie it appears that the authors of the report are of the belief that the trial in the case has already been completed. We are afraid to state that this report attempts to deliver a verdict even before the trial is over in the present case. suicide. Admittedly it is a procured report by the Petitioner. We cannot take countenance of such a report, especially in the light of various decisions rendered by this Court (in the present matter itself), the Trial Court and the Supreme Court alluded to hereinabove.
It is pertinent to note that the expert opinion obtained by CBI pursuant to the re-investigation done has clearly shown that the investigation has been carried out as per the directions of this Court to consider the possibility of homicidal death of the victim which the Petitioner had highlighted with respect to discrepancies or lacunae in the investigation by the police authorities.
Prima facie it does appear that a totally impartial, fair and transparent investigation is made by the CBI in a thorough manner. Each and every angle of the medical evidence and of the circumstantial evidence; the conduct of the accused and/or cause of the incident; everything was re-considered with a fresh angle to ascertain and verify whether it can be a case of ‘homicidal death’ and then only after confirming that it was a case of suicidal nature, the CBI has filed its further report (supplementary chargesheet). By pointing out to the material on record prima facie alteast no fault can be found with the investigation carried out either by the Police or by the CBI. It is stated that merely because CBI has arrived at the same conclusion, that the death of victim being a case of suicide, it will not be proper to hold that CBI has not carried out further or proper investigation in the matter.
Grounds for Acquittal of Sooraj Pancholi
- During initial investigation of ADR nothing incriminating was found and therefore no action taken against anyone.
- The final cause of death of deceased was Asphyxia due to hanging (unnatural) as noted by investigating officer and mentioned in post-mortem report.
- There was shorter time relation of approximately 10 months between the deceased and the accused.
- The deceased was not happy with the roles that was offered her. The deceased was struggling for a good position in film industry. According to this witness, he was giving treatment to the deceased in 2008 for stress management. This witness further stated that deceased disclosed reason for the stress was work related and not getting projects. He further stated that the deceased was emotionally suffering because of her previous relationship.
- The evidence reflects that the deceased was in relationships even prior to accused came into her life. Breakup bouquet at the hands of watchman writing thereon ‘Best of Luck’. nothing stated any incriminating against the accused and about his any act or overact and omission committed by the accused in respect of the deceased.
- All of sudden, June 2013 the letter found which according to the complainant was written by the deceased. The gap of 4 days in getting available the said letter remains unexplained satisfactorily by the complainant. One interesting thing in respect of the said letter came on record that according to the complainant was written in notebook by the deceased, that notebook was of the complainant. The letter whichever be given to investigating officer, according to complainant it was given only after notarizing. In fact, the said letter not found to be notarized as what stated by the complainant. The circumstances as above creates serious suspicious regarding the actual author of the said letter.
The 80% evidence which given by the complainant founds to be fullfledged with improvements and contradictions. The complainant herself by giving as such contradictory statements demolished the case of prosecution for which she is sole responsible.
There is no evidence on record to show the accused was held responsible for the pregnancy of the deceased. There is sufficient evidence came on record which shows that the deceased was a victim of her sentiments. There is no absolute evidence on record to show the accused committed the alleged offence.
What is the law related to abetment of suicide?
Section 306 IPC relates to abetment of suicide and states that if any person commits suicide, whoever abets the commission of such suicide, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. The abetment of suicide can be done by aided by instigating, engaging or by intentionally aiding. (Section 107 IPC). not, by itself, constitute the abetment of suicide. There should be evidence capable of suggesting that the accused intended by such act to instigate the deceased to commit suicide. Unless the ingredients of instigation/abetment to commit suicide are satisfied, accused cannot be convicted under Section 306 I.P.C.”
In order to convict an accused under Section 306 IPC, the state of mind to commit a particular crime must be visible with regard to determining the culpability. With regard to the same, a two-judge bench of this Court in Ude Singh & Ors. Vs. State of Haryana (2019) 17 SCC 301 observed as under:-
In the case of accusation for abetment of suicide, the Court would be looking for cogent and convincing proof of the act/s of incitement to the commission of suicide. In the case of suicide, mere allegation of harassment of the deceased by another person would not suffice unless there be such action on the part of the accused which compels the person to commit suicide; and such an offending action ought to be proximate to the time of occurrence. Whether a person has abetted in the commission of suicide by another or not, could only be gathered from the facts and circumstances of each case.
The Hon’ble Supreme Court in various judgment has held:
- To find out if a person has abetted commission of suicide by another; the consideration would be if the accused is guilty of the act of instigation of the act of suicide. As explained and reiterated by the Hon’ble Apex Court in the various decisions, instigation means to goad, urge forward, provoke, incite or encourage to do an act.
- If the person who committed suicide had been hypersensitive and the action of accused is otherwise not ordinarily expected to induce a similarly circumstanced person to commit suicide, it may not be safe to hold the accused guilty of abetment of suicide. But, on the other hand, if the accused by his acts and by his continuous course of conduct creates a situation which leads the deceased perceiving no other option except to commit suicide, the case may fall within the four corners of section 306 of Indian Penal Code.
- If the accused plays an active role in tarnishing the self-esteem and self-respect of the victim which eventually draws the victim to commit suicide, the accused may be held guilty of abetment of suicide.
- The question of mensrea on the part of the accused in such cases would be examined with reference to the actual acts and deeds of the accused and if the acts and deeds are only of such nature where the accused intended nothing more than harassment or snap show of anger, a particular case may fall short of the offence of abetment of suicide. However, if the accused kept on irritating or annoying the deceased by words or deeds until the deceased reacted or was provoked, a particular case may be that of abetment of suicide. Such being the matter of delicate analysis of human behavior, each case is required to be examined on its own facts, while taking note of all the surrounding factors having bearing on the actions and psyche of the accused and the deceased.
Jiah Khan case is not just a journey of understanding the cause of death alone but a larger unaddressed issue of mental health also. Each suicide is a personal tragedy that prematurely takes the life of an individual and has a continuing ripple effect, affecting the lives of families and communities. NCRB states every year, more than 1,00,000 people commit suicide in our country. There are various causes of suicides like professional/career problems, sense of isolation, abuse, violence, family problems, mental disorders, addiction to alcohol, financial loss, chronic pain etc. In USA suicide has been recognised as serious health problem and it affects all ages. Suicide has been found as preventable and has been dealt under comprehensive health program. There is a suicide crisis line for people affected by the issue. Building mental resilience, multi-prong approach is the one adopted by Singapore to deal with the issue.
The latest survey by India’s National Institute of Mental Health and Neurosciences (NIMHANS) found that nearly 150 million Indians need mental health care services, but fewer than 30 million are seeking care, which is a serious data. In India, mental health disorders often remain hidden, as there is a lack of education and awareness for counselling concerning psychological disorders.
The court observed no doubt, it is an unfortunate incident that young girl has committed suicide. However, the available evidence on record reflects that the deceased was victim for her sentiments. She could not overcome the emotions. The deceased could have always walked out of the relationship. However, she could not overcome her sentiments and her love for the accused for which the accused cannot be held responsible. It has come on record that at the relevant time, the accused was also pursuing his career in acting and admittedly could not devote sufficient time for the deceased. However, on the earlier occasion, when the deceased tried to commit suicide, the accused had saved her. He had helped her to come out of the depression. If the entire evidence as above, produced by the prosecution is tested on the touchstone of the requirements laid down in the above cited rulings for establishing the offence under Section 306 of the Indian Penal Code, it will have to be held that the prosecution has utterly failed to produce sufficient, cogent and dependable evidence on record to establish the said ingredients. In the present case, the evidence on record against the accused is vague, general and omnibus.
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