Case Note & Summary
The case involves an appeal against the conviction of the appellant, Miss Rashika @ Rishigandha Shetye, for offences under Sections 306 and 386 of the Indian Penal Code (IPC). The appellant was convicted by the Sessions Judge, Panaji, for abetting the suicide of the deceased, Prakash Gadgil, and for extorting money from him. The deceased, a 56-year-old Post Master, had an illicit relationship with the appellant, who was 23 years old. The appellant took nude photographs of the deceased on 2 November 2009 and used them to blackmail him. She also collected his personal documents and demanded money. Initially, she demanded and received Rs.30,000 and Rs.5,000. Subsequently, she demanded Rs.1,50,000, which the deceased deposited into her bank account on 12 December 2009 by withdrawing from his GPF and savings accounts. Despite this, she continued to demand more money, including a car, and on 17 April 2010, she visited his office and demanded Rs.80,000. Unable to meet the demands, the deceased committed suicide on 18 April 2010. The court found that the appellant's continuous threats and demands instigated the deceased to commit suicide, satisfying the ingredients of Section 306 IPC. Additionally, the threats to defame him by revealing the relationship and photographs constituted extortion under Section 386 IPC. The court upheld the conviction and the order to pay Rs.1,50,000 to the widow of the deceased.
Headnote
A) Criminal Law - Abetment of Suicide - Section 306 Indian Penal Code, 1860 - Blackmail and Extortion - The accused, having an illicit relationship with the deceased, took nude photographs and demanded money, leading to the deceased's suicide. The court held that the continuous demands and threats constituted instigation and abetment to suicide, as the deceased was driven to end his life due to the harassment. (Paras 2-6) B) Criminal Law - Extortion - Section 386 Indian Penal Code, 1860 - Putting in Fear of Injury - The accused threatened to defame the deceased by revealing their relationship and nude photographs, thereby putting him in fear of injury to his reputation. The court held that the demand for money and a car under such threats amounted to extortion. (Paras 3-5)
Issue of Consideration
Whether the appellant's acts of blackmail and extortion amounted to abetment of suicide under Section 306 IPC and extortion under Section 386 IPC.
Final Decision
The appeal is dismissed. The conviction and sentence under Sections 306 and 386 IPC are upheld. The amount of Rs.1,50,000 found in the appellant's account is to be paid to the widow of the deceased.
Law Points
- Abetment of suicide
- Extortion
- Blackmail
- Demand of property
- Mens rea
- Instigation
- Suicidal tendency
