A Bandra couple accused of abetting their domestic help’s suicide has been discharged by the City Civil and Sessions Court, which found no material to show that their conduct amounted to instigation or intentional aid in the woman’s death.
In its September 7 order, the court held that asking a domestic worker to leave a job, dissatisfaction with her work or ordinary disagreements, without more, cannot by themselves constitute abetment of suicide.
The couple had been booked under in connection with the woman’s death at their residence. Additional Sessions Judge Ajit A Yadav allowed their discharge application.
What the court found
The court examined whether the charge sheet contained enough material to make out a prima facie case of abetment and Supreme Court precedents, the judge noted that abetment requires material indicating instigation, conspiracy or intentional aid. At the discharge stage, there must be at least a prima facie case or grave suspicion based on the material on record. The court found that the threshold was not met.
The evidence gap
The court noted that the police officer who became the informant had no personal knowledge of the alleged events and had based the FIR on another person’s statement. That person, too, had no direct knowledge of the alleged conduct. According to the order, the person had only stated that the woman was being relieved from service because she was not working properly. The deceased woman’s husband had initially made no complaint, while other relatives and the watchman also had no direct knowledge of the alleged incident, the court noted.
Allegations/statements
A later letter alleged that the woman was unhappy, slept in the hall, was not provided proper food and was frequently scolded. However, the court noted that these allegations did not appear in the relative’s two earlier statements to police. Even if those allegations were accepted, the court held that they did not establish instigation or intentional aid towards suicide.
Employment dispute?
The court also noted that there was no allegation that the woman had been detained, forced to work or subjected to physical torture. The prosecution case was that the couple had decided to remove her because they were dissatisfied with her work. The judge observed that the woman was also facing financial difficulties and stress. Mere inconvenience at the residence, the court held, could not be treated as the cause of her suicide.
Couple discharged
The court allowed the couple’s application and discharged them in the case. The proceedings were closed.
What the prosecution alleged...
According to the prosecution case recorded in the order:
>> The domestic help joined the household on February 22, 2022
>> She died on March 5, 2022, after allegedly jumping from the building
>> Police were initially informed of an accidental death
>> The prosecution alleged that the couple were unhappy with her work and had decided to terminate her employment and send her to a relative’s home
>> Watchmen allegedly heard a quarrel at around 1 am
>> Police alleged that the woman died by suicide at around 4.30 am
>> The prosecution alleged that psychological torture by the accused contributed to her death
Expert speak
Dinesh Tiwari, Advocate for the couple
Tiwari described the case as “abuse of power” by the police. He alleged that an innocent person was wrongly charged and incarcerated. Tiwari said the case caused financial, personal and family hardship, including the loss of business opportunities. He said the woman accused was unable to undergo treatment in Canada.
Cop speak
A police officer, speaking anonymously, said cases ending in discharge or acquittal are reviewed during monthly meetings chaired by the Zonal DCP. Further action, including a possible appeal, is decided in consultation with the public prosecutor. Attempts to contact Ravindra Salunkhe, senior police inspector, Bandra police station, did not elicit a response.
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