Kerala HC paves way for trial of woman for abetting suicide of man falsely accused of impregnating her

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Kochi: A woman, who allegedly falsely accused a man of having impregnated her and demanded that he marry or compensate her, which led him to end his life, will now face trial for abetment to suicide after the Kerala High Court held that a case for the same is made out against her.

The high court noted that the woman was not actually pregnant and according to the victim's parents statement to the police, she had threatened him with dire consequences if does not marry her or compensate her monetarily.

As a result of her threats, the victim hanged himself in his room at his house in April 2015, the parents had alleged.

The high court said, "It is also discernible (from the charge sheet) that the petitioner (woman) was not actually pregnant as well. In such circumstances, it is evident that it was a case of raising a false allegation that she was impregnated by the deceased.

"Such a threat cannot be treated at par with a statement or action taken, with bonafides. It cannot be treated as a conversation which arose in the ordinary course of relationship of the parties also, particularly because it reveals an intention to induce the person concerned to part with some amount, with the aid of a false allegation of impregnation."

The court said that in its view, the materials before it "leads to the conclusion that a prima facie case is made out" and declined to quash the criminal proceedings going on against the woman in a trial court after filing of the charge sheet.

It said that in the present circumstances, it does not find any grounds to consider the relief sought for by the woman and dismissed her plea.

The woman had sought quashing of all further proceedings pursuant to filing of the charge sheet claiming that its contents were not sufficient to make out a case of abetment of suicide under section 306 IPC against her.

The maximum punishment for the offence is 10 years imprisonment and fine.

According to the woman's plea, initially the police registered a crime for unnatural death and the first information statement did not contain any allegation of any offence and there was no mention of her involvement.

However, after completion of the probe when the police filed its charge sheet, she was arraigned as the sole accused and was charged with the offence under section 306 IPC.

Her lawyer had argued in the high court that even if the allegation that she had threatened the victim was found to be true, it would not attract the provisions of section 306 IPC.

The high court, however, refused to grant any relief and said that she can raise all her contentions before the trial court which can consider the same in accordance with law.

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