Even as Haryana government turned on the heat on former top cop SPS Rathore who molested Ruchika Girhotra, charging him with abetment to suicide, the supreme court today said it is "impossible to lay down any straitjacket formula" to convict an accused in such cases.
A bench of justices Dalveer Bhandari and AK Patnaik said an accused can be convicted if he or she was guilty of abetting the suicide or has committed an act that must have pushed the deceased to take the extreme step.
"Each person's suicidability pattern is different from the others. Each person has his own idea of self-esteem and self-respect. Therefore, it is impossible to lay down any straitjacket formula in dealing with such cases. Each case has to be decided on the basis of its own facts and circumstances.
"Abetment involves a mental process of instigating a person or intentionally aiding a person in doing of a thing. Without a positive act on the part of the accused to instigate or aid in committing suicide, conviction cannot be sustained," the apex court said in a judgement.
The apex court passed the verdict while acquitting Gangula Mohan Reddy of the charge of abetting the suicide of his employee Ramulu, who ended his life after being accused of stealing gold ornaments in the house, and told to refund Rs7,000 loaned to him.
