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Bombay High Court Sends Gautam Khandjua Suicide Case To Trial
Nafisa Joseph was a television video jockey who was engaged to businessman Gautam Khandjua.
They planned to marry on August 7, 2004.
Joseph asked Khandjua to show documents proving that his earlier marriage had ended.
The prosecution says he did not provide those documents and later said he would not marry her.
Joseph died by suicide at her Mumbai home on July 29, 2004.
Khandjua is accused of abetting her suicide, but he denies that the available evidence supports the charge.
The Bombay High Court said it was too early to decide whether he was legally responsible.
The court ordered that the case should proceed to trial, where witnesses and evidence can be examined.
The Bombay High Court refused to discharge businessman Gautam Khandjua in the Nafisa Joseph suicide case.
Joseph died by suicide at her Andheri residence on July 29, 2004, days before their planned wedding.
The prosecution alleges tensions followed Khandjua’s failure to provide documents proving his earlier divorce.
The court noted that Khandjua refused to marry Joseph on July 29, after a quarrel the previous day.
The court said evidence must be tested at trial and vacated the stay, while continuing an interim stay for six weeks.
- Who
- Businessman Gautam Khandjua is accused in the suicide case involving television video jockey Nafisa Joseph.
- What
- The Bombay High Court rejected Khandjua’s plea for discharge and allowed the abetment-of-suicide case to proceed to trial.
- Where
- Joseph died at her residence in Andheri, Mumbai; the case was heard by the Bombay High Court.
- When
- Joseph died on July 29, 2004; the High Court dismissed Khandjua’s revision plea and continued an interim stay for six weeks.
- Why
- The prosecution alleges that disputes over Khandjua’s earlier-marriage documents and his refusal to marry Joseph contributed to circumstances preceding her death.
Prosecution’s Case
Defense’s Position
Effect of the refusal to marry
Prosecution’s Case
The prosecution argued that Khandjua’s refusal to marry Joseph came shortly before her death and left her feeling humiliated and concerned about disrepute to herself and her family.
Defense’s Position
Khandjua’s lawyer argued that refusing to marry or causing emotional distress did not, by itself, amount to abetment of suicide.
Evidence of abetment
Prosecution’s Case
The prosecution relied on the dispute over documents from Khandjua’s earlier marriage, the quarrel on July 28, and the events immediately before Joseph’s death.
Defense’s Position
The defense argued that the chargesheet showed no instigation, threat, coercion, humiliation, or intentional aid by Khandjua.
Stage of proceedings
Prosecution’s Case
The prosecution maintained that the circumstances justified allowing the case to be tested through a trial.
Defense’s Position
The defense sought discharge, contending that the evidence was insufficient to support the charge without conducting a trial.
Key facts
- Accused
- Businessman Gautam Khandjua
- Deceased
- Television video jockey Nafisa Joseph
- Date of death
- July 29, 2004
- Planned wedding
- August 7, 2004
- Legal provision
- Section 306 read with Section 107 of the Indian Penal Code
- High Court ruling
- Discharge plea rejected; the case will proceed to trial
- Interim relief
- The stay was continued for six weeks because of the matter’s long pendency
Quotes
Justice M.M. Sathaye
Bombay High Court judge who dismissed Khandjua’s revision plea
“It cannot be conclusively said, at this stage, that ingredients of Section 306 r/w 107 of IPC are not made out.”
freepressjournal.in
Sources
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