Karnataka High Court rules loan repayment demand not abetment to suicide
Bengaluru: In a recent judgment, the Karnataka High Court has ruled that insisting an individual repay a borrowed loan does not constitute abetment to commit suicide under Section 306 of the Indian Penal Code (IPC). Justice Shivashankar Amarannavar clarified that mere harassment or demands for loan repayment, lacking the intent to drive the person to suicide, do not qualify as abetment.
The case in question involved the suicide of Raju, who was married to Kavita, with one child together. Raju had borrowed money from the appellant, who allegedly harassed him for repayment. On April 25, 2019, the appellant and her daughter visited Raju's house, and on that day, Raju took his own life. The appellant was later convicted under Section 306 of the IPC, leading to an appeal in the High Court.
The appellant argued that the prosecution's evidence was insufficient to establish abetment, emphasizing that demanding loan repayment does not constitute encouragement for suicide. They maintained there was no intention on their part to drive Raju to suicide, suggesting his financial troubles might have contributed to his tragic decision.
The Karnataka High Court supported this argument, stating, "The appellant/accused has lent money to the deceased Raju. She was interested in getting back the said money. She had no intention of taking the life of the deceased Raju. Therefore, there is no clear mens rea on the part of the appellant/accused to abet the deceased to commit suicide."
The court emphasized that the prosecution failed to prove the required burden under Section 101 of the Evidence Act, highlighting that the circumstances presented did not lead to a definite inference of guilt.
The court cited several legal precedents to emphasize that the intention to provoke suicide must be present for an abetment charge to be valid. It also highlighted that each case of suicide is unique and depends on various factors, and that a person's reaction to a situation can vary significantly.
“There is no evidence to show that the appellant/accused had intention to drive out the deceased Raju to commit suicide. Looking from any angle, the act of the appellant/accused harassing the deceased for repayment of money borrowed and threatening him to take his life does not amount to abetment,” the Bench stated.
As a result, the High Court allowed the appeal, overturned the appellant's conviction, and directed the refund of any fines previously paid.
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Another North Goa nightclub sealed; Kejriwal says corruption led to fire tragedy
Panaji (PTI): As part of a crackdown against tourist establishments violating laws and safety norms in the aftermath of the Arpora fire tragedy, Goa authorities on Saturday sealed a renowned club at Vagator and revoked the fire department NOC of another club.
Cafe CO2 Goa, located on a cliff overlooking the Arabian Sea at Vagator beach in North Goa, was sealed. The move came two days after Goya Club, also in Vagator, was shut down for alleged violations of rules.
Elsewhere, campaigning for local body polls, AAP leader Arvind Kejriwal said the fire incident at Birch by Romeo Lane nightclub at Arpora, which claimed 25 lives on December 6, happened because the BJP government in the state was corrupt.
An inspection of Cafe CO2 Goa by a state government-appointed team revealed that the establishment, with a seating capacity of 250, did not possess a no-objection certificate (NOC) of the Fire and Emergency Services Department. The club, which sits atop Ozrant Cliff, also did not have structural stability, the team found.
The Fire and Emergency Services on Saturday also revoked the NOC issued to Diaz Pool Club and Bar at Anjuna as the fire extinguishers installed in the establishment were found to be inadequate, said divisional fire officer Shripad Gawas.
A notice was issued to Nitin Wadhwa, the partner of the club, he said in the order.
Campaigning at Chimbel village near Panaji in support of his party's Zilla Panchayat election candidate, Aam Aadmi Party leader Kejriwal said the nightclub fire at Arpora happened because of the "corruption of the Pramod Sawant-led state government."
"Why this fire incident happened? I read in the newspapers that the nightclub had no occupancy certificate, no building licence, no excise licence, no construction licence or trade licence. The entire club was illegal but still it was going on," he said.
"How could it go on? Couldn't Pramod Sawant or anyone else see it? I was told that hafta (bribe) was being paid," the former Delhi chief minister said.
A person can not work without bribing officials in the coastal state, Kejriwal said, alleging that officers, MLAs and even ministers are accepting bribes.
