NEW DELHI: There is nothing, not even prima facie, to suggest that there was voluntary conduct on the part of Shashi Tharoor that would likely lead his wife, Sunanda Pushkar, to suicide or cause injury or danger to life. , limbs or health. . Making this observation, a Delhi court has discharged him in case of death of his wife.
The court said Pushkar may have felt distressed or mentally disturbed by Tharoor’s alleged extramarital affair, but the mental disorder does not amount to the crime of investigation.
Special Judge Geetanjali Goel dismissed him for crimes under sections 498-A (husband or relative of the husband of a woman who subjected her to cruelty) and 306 (incitement to suicide) of the CPI.
The court noted that there could be no suspicion, much less serious, in this case for accusing the accused of the crime under section 302 (murder) of the CPI.
“There is nothing recorded to show that the accused committed any act of irritating or disturbing the deceased until he reacted or persuaded firmly or advised the deceased to take any action with the intention of provoking, inciting, urging or encouraging the latter. to commit suicide, ”the court said in its order.
Pushkar was found dead in a room of a five-star hotel in Delhi on January 17, 2014. Police had registered an FIR on January 1, 2015 against unknown persons for murder. Tharoor was later reserved for subjecting a woman to cruelty and suicide.
The court said there was nothing prima facie evidence that the accused had subjected Pushkar to physical cruelty. He noted that none of the reports, neither from doctors nor from the psychological autopsy board, had confirmed that the death was a suicide.
He said that even if the death was supposed to be a suicide, there was no material against Tharoor, let alone any positive act, to instigate or help his wife commit suicide.
The court said the indictment sheet appeared to be filed in the hope that the court would find some material to proceed with the trial against the accused, but criminal proceedings require evidence.
“It simply came to our notice then. However, in the absence of specific allegations and sufficient material to find out the ingredients of the various offenses and on the basis of which the court could, at this stage, presume that the accused had committed the offense, the accused is not he may be forced to face rigmaroles in a criminal trial “, he observed.
He noted that although the prosecutor, who was appearing for the police, had referred to the accused leaving the dead at the airport, not calling a doctor and not paying attention to him, the even if it was done with her intent or incite her to commit suicide.
“While it may be reiterated that the statements of the witnesses show that the deceased was agitated, distressed, betrayed and deceived due to the alleged affair of the accused, the prosecution has not recorded anything to show that the accused had provoked , incited or induced the deceased to commit suicide.There is nothing to prove any open act on the part of the accused and only because he continued the alleged affair (even if it is supposed) and exchanged messages with her, it cannot be presumed that she has incited the commission of the deceased’s suicide, ”he said.
The prosecution had examined 97 witnesses in the case.
The court said Pushkar may have felt distressed or mentally disturbed by Tharoor’s alleged extramarital affair, but the mental disorder does not amount to the crime of investigation.
Special Judge Geetanjali Goel dismissed him for crimes under sections 498-A (husband or relative of the husband of a woman who subjected her to cruelty) and 306 (incitement to suicide) of the CPI.
The court noted that there could be no suspicion, much less serious, in this case for accusing the accused of the crime under section 302 (murder) of the CPI.
“There is nothing recorded to show that the accused committed any act of irritating or disturbing the deceased until he reacted or persuaded firmly or advised the deceased to take any action with the intention of provoking, inciting, urging or encouraging the latter. to commit suicide, ”the court said in its order.
Pushkar was found dead in a room of a five-star hotel in Delhi on January 17, 2014. Police had registered an FIR on January 1, 2015 against unknown persons for murder. Tharoor was later reserved for subjecting a woman to cruelty and suicide.
The court said there was nothing prima facie evidence that the accused had subjected Pushkar to physical cruelty. He noted that none of the reports, neither from doctors nor from the psychological autopsy board, had confirmed that the death was a suicide.
He said that even if the death was supposed to be a suicide, there was no material against Tharoor, let alone any positive act, to instigate or help his wife commit suicide.
The court said the indictment sheet appeared to be filed in the hope that the court would find some material to proceed with the trial against the accused, but criminal proceedings require evidence.
“It simply came to our notice then. However, in the absence of specific allegations and sufficient material to find out the ingredients of the various offenses and on the basis of which the court could, at this stage, presume that the accused had committed the offense, the accused is not he may be forced to face rigmaroles in a criminal trial “, he observed.
He noted that although the prosecutor, who was appearing for the police, had referred to the accused leaving the dead at the airport, not calling a doctor and not paying attention to him, the even if it was done with her intent or incite her to commit suicide.
“While it may be reiterated that the statements of the witnesses show that the deceased was agitated, distressed, betrayed and deceived due to the alleged affair of the accused, the prosecution has not recorded anything to show that the accused had provoked , incited or induced the deceased to commit suicide.There is nothing to prove any open act on the part of the accused and only because he continued the alleged affair (even if it is supposed) and exchanged messages with her, it cannot be presumed that she has incited the commission of the deceased’s suicide, ”he said.
The prosecution had examined 97 witnesses in the case.