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In a major relief to former Haryana minister Gopal Goyal Kanda’s aide Aruna Chadha, the Delhi High Court yesterday quashed the charges of abetment of rape against her in the airhostess suicide case. |
Justice G P Mittal also held that charges of rape cannot be sustained against prime accused Gopal Kanda.
“It is apparent that the ASJ (additional sessions judge) unjustly admitted into evidence the confessional statement made by the petitioner (Chadha) and illegally put the burden to prove the same on the co-accused (Kanda) and the petitioner which is not permissible,” the court said.
Justice Mittal added: “The ASJ fell into gross error in framing the charge under Sections 376/377 against Kanda which cannot be sustained. Since no charge against the co-accused under these sections could have been framed, the petitioner could not have been guilty of abetting these offences.”
The court’s direction came on Chadha’s plea against framing of fresh charges of abetment of rape and suicide against her in the case.
The court, referring to Chadha’s statement to police, held that except for the disclosure statement, there was not a shred of evidence to show that Kanda sexually exploited the victim and Chadha abetted in the commission of these offences.
“Apart from the supplementary disclosure statement of petitioner Chadha, there is nothing to indicate that the co-accused, Kanda, had illicit relations with ‘X’ (victim) or that she had multiple pregnancies...,” the court said.
“All the more, there is not a shred of evidence to indicate that Kanda had physical relations with the deceased” it added.
Justice Mittal, allowing Chadha’s plea said: “...the petition is partly allowed to the extent that the framing of the charge for the offence punishable under Section 376/109 and Section 377/109 IPC is set aside.” The high court held that some offences, including abetment of suicide, was made out against them, but there was no prima facie evidence indicating that they were also involved in the commission of rape.
Justice Mittal also allowed another plea of Delhi Police for expunging the trial court’s adverse remarks for not probing the sexual exploitation angle in the case.
Chadha and Kanda have been charged with rape, abetment of rape, abetment of suicide, criminal conspiracy, forgery under the Indian Penal Code and Information Technology Act for hacking computers and sending offensive or false messages.
The air hostess was found hanging from the ceiling fan of a room at her house in north Delhi on August 5 last year. She left behind two suicide notes blaming Kanda and Chadha, who are now in judicial custody, but have denied any involvement in the suicide.