 "Tunisha Sharma death case: How can Mumbai police arrest Sheezan Khan on the basis of media trials?")
The arrest of actor Sheezan Khan in the Tunisha Sharma murder case appears to be purely on the basis of a media trial. The actions of Sheezan Khan do not fall within the scope and Ambit of abetment to suicide under Section 306 of the Indian penal code. As per the facts available in public domain it cannot be said that Sheezan Khan drove Tunisha Sharma to commit suicide.
Advocate Abha Singh from Mumbai explains, “One of the primary ingredients of section 306 IPC is that the victim should be driven to the stage of suicide by the accused. The actions and conduct of the accused should be such that the victim is left with no choice but to commit suicide.”
Under section 107 of the IPC, a person is said to abet the commitment of an offence if he instigates any person to do that. Also he should have added the committing of the crime or engaged with one or more people for committing the act.
As per the available facts it appears that Tunisha Sharma committed suicide on her own without any pressure from Shezan Khan. Therefore, the actions of Sheezan Khan cannot amount to abatement under sections 107 and 306 of the IPC.
Tunisha Sharma death case
Waliv Police has said that the late actor ‘had a conversation with the accused’ Sheezan Khan shortly before she died. Sheezan was remanded to police custody till December 30.
Tunisha was found dead on the sets of her ongoing television show Alibaba - Dastaan-e-Kabul on Saturday. A day later, her ex-boyfriend and co-star in the show, Sheezan Khan, was arrested on the charge of abetment to suicide. So far, Waliv Police have taken the statement from 18 people in the case.
Games
View AllAccording to reports the Waliv Police tweeted saying, “Accused Sheezan Khan is not cooperating with the police in the investigation. The probe has revealed that the deceased had a conversation with the accused Sheezan Khanshortly before hanging.” As per the police, Sheezan and Tunisha broke up 15 days before she died.
According to media reports Tunisha’s uncle Pawan Sharma said, “Today, the police submitted in court that Sheezan had relations with other women as well. They should probe Tunisha’s death from all possible angles. Many things about Tunisha had changed after meeting Sheezan, she had started wearing a hijab.”
Abha Singh says, “A broken relationship cannot be a ground of arrest. Tunish committed suicide on the sets of her show where there were more than 400 people and no foul play was detected. Earlier also Mumbai police charged Rhea Chakraborty on 306 IPC charges of Abetment to Suicide in Sushant Singh Rajput case even though neither police nor CBI have been able to prove it.”
With inputs from agencies
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