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VAIBHAVI D. NANAVATI
Rajeshbhai @ Rajubhai @ Bav Jentibhai Chovatiya – Appellant
Versus
State Of Gujarat – Respondent
JUDGMENT :
1. By way of present writ-application the writ-applicant herein under Articles 226 and 227 of the Constitution of India read with Section 482 of the Criminal Procedure Code, 1973 is seeking quashing of the F.I.R being C.R. No.I-19 of 2015 registered with Bhayavadar Police Station for the offences punishable under Sec. 306 and 506(2) of the Indian Penal Code as well as the charge-sheet dated 22.10.2015 and the Sessions case on the file. The writ-applicant herein also challenges the legality and validity of the order dated 01.09.2016 passed by the learned 7th Additional Sessions Judge, Rajkot at Dhoraji below Exh.6 i.e. an application for discharge preferred by the writ-applicant herein which came to be rejected by the Court below.
2. The writ-applicant herein preferred Criminal Misc. Application No.23654 of 2015 before this Court seeking quashing of FIR under Section 482 of the Code of Criminal Procedure which came to be withdrawn by the writ-applicant herein to avail alternative remedy by preferring discharge application. The writ-applicant preferred an application for discharge below Ex.6 before the Sessions Court at Dhoraji in Sessions Case No.26 of 2015 which came to b
To establish abetment under Section 306 IPC, there must be clear intent and direct actions by the accused that compel the victim to commit suicide; emotional distress alone is insufficient.
To establish abetment of suicide under Section 306 IPC, there must be clear evidence of the accused's intention to instigate the suicide, which was absent in this case.
The main legal point established in the judgment is the requirement for the prosecution to establish a clear mens rea and active act to push the deceased into a position to commit suicide in cases of....
Denial of marriage does not constitute abetment of suicide under IPC without clear evidence of instigation or aiding the act.
For liability under Section 306 IPC, there must be clear evidence of instigation or active involvement in the suicide, which was absent in this case.
Abetment of suicide – Positive act of instigation is a crucial element of abetment – Element of mens rea cannot simply be presumed or inferred, instead it must be evident and explicitly discernible –....
To establish abetment of suicide, there must be clear evidence of instigation or actions compelling the victim to take their life, not merely trivial domestic disputes.
Clear evidence of instigation or incitement is essential to establish abetment of suicide under Section 306 IPC; mere allegations are insufficient.
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