New Delhi: With the absence of specific allegations and sufficient materials, the leader of the Senior Congress Shashi Tharoor cannot be forced to face the Criminal Court Rigmarol, the Delhi Court said as he removed in a case related to the death of his wife Sunana Pushkar.
No one could show the prime facie that the defendant had experienced a physical arrivals who died, said the Special Judge Geetanjali Goel.
This observation was made by a detailed court order, which was passed on Wednesday.
Pushkar was found dead in a suite of a luxury hotel on the night of January 17, 2014.
“In this case, it cannot be said that the defendant ever intends or acts in such a way that in normal circumstances will encourage the deceased.
To commit suicide,” said the judge in the detailed order available later.
The judge also noted that there was no accusation of dowry requests and abuse by the defendant and there was nothing, even Prima Facie, to show that he had experienced a physical failure to die.
He stated that even if the prosecution case was taken at the value of his face that the defendant had an affair with Mehr Tarar, a Pakistani journalist, and the deceased was “depressed, restless, upset and mentally disturbed, without anything further.” Can not be said that The same will amount to mental cruelty.
“Even for instigation, the intention to provoke, incite, urgent, or encourage actions is an important factor but the note does not bear such intentions in the defendant,” he said.
The court rejected the prosecution argument that Tharoor had continued the affair with the truth even though the guarantee was contradictory and this showed an intentional representation error and misused by representation errors.
“Even according to the case of prosecution, the defendant took steps to hide the alleged affair with MT.
There is no record to show that the defendant did some actions to annoy or disturb the deceased until he reacted, or highly persuaded or suggested the deceased to take action with the intention to trigger or encourage the latter to urge or encourage the last.
Create suicide, “observed.
The court said the deceased might feel depressed or mentally disturbed by the alleged extra marriage relationship accused but mental disorders were not a reduction violation.
“No doubt the valuable life is lost.
But in the absence of specific accusations and sufficient material to see the ingredients of various violations, and on the basis of the court can, at this stage, the defendant has committed a violation, the defendant cannot be forced to face .
Rigmaroles from the criminal trial, “said the Judge.
He said that considering the arguments in this case, uncontrolled accusations made and the material collected during the investigation, even if they were taken at their nominal value and were received overall, do not prime facie revealed the commission of violations they could be punished under section 498-a or 306 IPC against the defendant.
Tharoor is charged under part 498-a (husband or relative of a woman who subjects to atrocities) and 306 (a reduction of suicide) from the Criminal Code by Delhi police, but not captured in this case.
“Shashi Tharoor’s accusation was released for violations under 498-A and 306 IPC,” said the Judge.
While refusing the prosecution request to frame the murder (part 302 IPC), although it was not alleused in the cost sheet submitted by Delhi police, the judge said: “It cannot be said that suspicion, suspicion is far less in this case to collect the defendant for violations Under part 302 IPC.
“The couple lived in the hotel, because the official Tharoor bungalow was being renovated at that time.
Tharoor was given an anticipatory guarantee in this issue by the session court on July 5, 2018.
After the order, the Masterial Court changed the anticipatory guarantee to be a regular guarantee after he appeared before on July 7 in pursuing the summons issued by the Metropolitan Judge issued by The Metropolitan in this issue .