There Has to Be Some Proximate Active Role in the Act of Instigation or Aiding: Delhi High Court Acquits Appellant in Abetment to Suicide Case

In a significant judgment delivered by the Delhi High Court, the appellant Zulfikar, also known as Bobby, was acquitted in an abetment to suicide case under Section 306 of the Indian Penal Code (IPC). The court, presided over by Justice Anoop Kumar Mendiratta, overturned the trial court’s conviction, emphasizing that “there has to be some proximate active role in the act of instigation or aiding.”

The case pertained to the unfortunate suicide of the appellant’s mother, who had set herself on fire. The trial court had convicted Zulfikar based on allegations that he had handed over a lighter to his mother, thereby abetting the act. This conviction came despite contradictory witness testimonies and allegations of a biased investigation influenced by the deceased’s estranged husband, Razi Hasan.

The High Court scrutinized the evidence and found it insufficient to demonstrate Zulfikar’s intent or active participation in the alleged abetment. The court noted his efforts to save his mother by attempting to extinguish the flames, which contradicted the accusations.

The credibility of key prosecution witnesses was questioned due to their close relations and possible bias stemming from connections with Razi Hasan, the school’s principal. The court was critical of the trial court’s reliance on their statements without acknowledging these potential biases.

Justice Mendiratta highlighted the necessity of proving a direct and active role in abetting suicide, which was not met in this case. The evidence pointed towards a complex family dispute rather than a clear case of abetment.

Decision: The Delhi High Court acquitted Zulfikar, setting aside the trial court’s judgment, citing a lack of direct evidence and failure to establish his active participation in the alleged crime beyond reasonable doubt.

Date of Decision: April 29, 2024

Zulfikar @ Bobby Versus State of NCT of Delhi