The HC judge dismissed the businessman’s plea challenging the Sessions Court’s Aug 24, 2005 order refusing to discharge him under IPC Section 306 (abetment to suicide)
Justice Sathaye said it appears from material available that Khanduja and Nafisa knew each other’s past, including her two broken relationships, “thereby making her sensitive and vulnerable to one more such incident. “Whether the applicant’s refusal to marry and non-supply of divorce papers proved to be the ‘last straw on the back of the camel’ that broke it, will have to be decided at the time of trial,’’ Justice Sathaye added. On Mundargi’s request, he continued the stay on the trial for six weeks.
Prosecutor Manisha Tidke said the marriage was fixed and invitation cards distributed. Senior advocate Ashok Mundargi, for Khanduja, argued that the chargesheet did not attribute any act of instigation, threat, coercion, humiliation or intentional aid on his part. Also, mere refusal to marry cannot amount to abetment. In such circumstances, since Khanduja refused to marry her, Nafisa felt so humiliated by the fear of disrepute to her and her family that she died by suicide.
Mumbai: ‘Trial needed’: HC refuses to discharge fiance in model’s ’04 suicideBombay high court has refused to discharge businessman Gautam Khanduja in the case of abetment to the July 29, 2004 suicide of his fiancée, model and 1997 Miss India Universe contest winner, Nafisa Joseph (then 26). A week before their marriage, scheduled for Aug 7, Khanduja had refused to marry her. He dismissed Khanduja’s plea challenging the Sessions Court’s Aug 24, 2005 order refusing to discharge him under IPC Section 306 (abetment to suicide) She refused to see a doctor unless Khanduja accompanied her. Following the Sessions Court’s order, Khanduja (then 33) moved the HC. 2005, the HC stayed the trial.
“Suffice it to observe that there are sufficient grounds to proceed against the applicant and there are circumstances requiring the trial to proceed,” said Justice Milind Sathaye on Thursday. Despite Poonam’s repeated calls, he did not come. Thereafter, Nafisa locked her bedroom and ended her life. In Nov.