A special CBI court acquitted Sooraj Pancholi in the Jiah Khan suicide case on Friday. While pronouncing the order, Judge AS Sayyad said that the court did not find any evidence against Pancholi in the case.
In June 2013, following Jiah Khan’s death, Mumbai police registered a case for abetment to suicide against Pancholi. When the case was handed over to the Central Bureau of Investigation (CBI), the actor was charge-sheeted under section 306 of the Indian Penal Code.
However, after a decade-long legal battle and examining 22 witnesses, the court acquitted Pancholi.
Proving charges against the accused in a case of abetment to suicide is difficult for the investigating agency, say experts. The reference made to the victim needs to be instant and direct. Charges are seldom proven and the conviction rate is low.
Here are the factors that may have gone against the case made by Jiah Khan’s mother Rabia Khan:
Suicide note
According to the defence counsel, the suicide note was not addressed to anyone in particular nor did it mention the name of Pancholi. During cross-examination, when witness no. 1 (Rabia Khan) was examined, it was learnt that a diary that was found in the house of Jiah Khan had something written on it. According to the lawyers, when she was cross-examined, it was found that the handwriting in the six-page suicide note matched the handwriting in the notebook, and the notes in the book were written by Rabia.
This could possibly be the reason that the suicide note would not have been considered as evidence.
Was Jiah Khan suicidal?
Arguments were made in the court that the late actress was suicidal. It was mentioned that at the age of 14, Jiah had tried to end her own life. In fact, as a part of the court proceedings, it was also mentioned that even when Jiah and Sooraj were friends, she had tried to harm herself.
It was alleged that this aspect of Jiah’s personality was not analysed by investigators.
Work pressure?
It was brought up repeatedly in court that Jiah Khan was anxious about her work. Just two days before her death, she had gone for an audition in Hyderabad. On the day of her death, she got a call at around 9.30 am, saying she had not been selected for the assignment. She was found dead 2-3 hours later.
This was another aspect that was not looked at by investigators, said sources.
However, Rabia Khan has alleged that this was not a case of abetment to suicide but was murder. She intends to move to a higher court against this order.
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