Man’s abetment conviction upheld after woman’s death note exposes online blackmail

Holding that sustained threats to expose a young woman’s private social media conversations and intimate messages pushed her to take her own life, the Madras High Court has upheld her cousin’s conviction for abetment of suicide, acquitting him of rape, saying the allegation of sexual assault was not proved beyond a reasonable doubt.

Justices N Anand Venkatesh and K K Ramakrishnan were hearing appeals filed by the late woman’s cousin and another man against their conviction by a trial court, in the 2021 death of a third-year college student.

“The contents of the suicide note clearly indicate that the deceased was under constant fear and mental pressure on account of such threats…Taken cumulatively, these circumstances form a complete chain and clearly establish that A1 (woman’s cousin) had subjected the deceased to continuous intimidation and caused mental harassment, which ultimately drove her to commit suicide,” the court said on June 11, relying on the suicide note, recovery of the victim’s mobile phone from the first accused, and call detail records to conclude that continuous intimidation had driven her to suicide.

According to the prosecution, the student ended her life after allegedly being blackmailed with threats that her private chats, relationship details, and other personal material would be made public. While the high court found this chain of intimidation sufficiently corroborated, it ruled that the rape allegation rested largely on the suicide note and lacked the independent medical and forensic evidence required to sustain a conviction.

Justices N Anand Venkatesh and K K Ramakrishnan of the Madras High Court set aside his conviction for rape but confirmed his conviction and ten-year sentence for abetment. (File image)

Blackmailed over private messages

The woman was a third-year BSc Mathematics student. She had suffered a leg injury and undergone surgery, after which she was staying on the ground floor of her parents’ house while they lived upstairs.

The prosecution said she was in a relationship with a man and regularly communicated with him through mobile phone and Instagram. According to the prosecution, her cousin came across the couple’s private conversations and intimate material exchanged over social media. In the early hours of January 1, 2021, under the pretext of conveying New Year wishes, he allegedly entered her house, accessed her mobile phone, viewed her private messages, and threatened to expose them publicly.

The prosecution alleged that he sexually assaulted her, took away her mobile phone, and continued threatening to publish the material if she disclosed the incident to anyone. It further alleged that another man also joined in intimidating the victim.

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Unable to bear the humiliation, threats, and emotional trauma, the student allegedly died by suicide. Her parents later recovered a suicide note and handed it over to the police.

Trial court had convicted both accused

Following the investigation, a fast track mahila court convicted the cousin under Sections 376 (rape) and 306 (abetment of suicide) of the Indian Penal Code. He was sentenced to life imprisonment for rape and ten years’ rigorous imprisonment for abetment of suicide. The other man was convicted under Section 306 IPC and sentenced to ten years’ rigorous imprisonment. Both challenged the judgment before the high court.

Suicide note found genuine

A key issue before the high court was the authenticity of the suicide note. The bench noted that investigators had collected notebooks and admitted handwriting samples of the late woman and sent them along with the disputed note to a handwriting expert. The expert concluded that the suicide note had indeed been written by the deceased, and the opinion remained unshaken during cross-examination.

The court also observed that the accused had never specifically disputed the existence of the suicide note or offered any explanation regarding its origin. Finding no material to suggest that the document had been fabricated, the bench held that the prosecution had successfully proved its authenticity.

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Why rape conviction was set aside

The high court, however, found that the prosecution had failed to prove the rape charge beyond a reasonable doubt. It was observed that apart from the allegations contained in the suicide note, there was no independent corroborative evidence establishing sexual assault. The medical evidence also failed to support the prosecution’s case.

“No seminal traces or other medical indicators suggestive of recent sexual intercourse were detected during the post-mortem examination,” the court noted. Although the prosecution argued that the victim’s body had been bathed before the post-mortem, explaining the absence of biological evidence, the bench said the post-mortem itself recorded menstrual discharge, making the explanation unconvincing.

“In such circumstances, this Court is of the view that the charge under Section 376 IPC has not been proved beyond a reasonable doubt,” it held while acquitting her cousin of rape.

Evidence supported abetment of suicide

The bench nevertheless found overwhelming evidence supporting the charge of abetment of suicide.

It noted that the woman’s mobile phone had been recovered from the cousin’s possession, lending strong corroboration to the allegations made in the suicide note.

The court also relied on call detail records showing that more than sixteen phone calls had been exchanged between the cousin and the late woman during the early hours of January 1, 2021.

According to the bench, these circumstances, read together with the suicide note and handwriting expert’s opinion, formed a complete chain of evidence proving sustained intimidation.

“The contents of the suicide note stand corroborated by the surrounding circumstances… Taken cumulatively, these circumstances form a complete chain and clearly establish that A1 had subjected the deceased to continuous intimidation and caused mental harassment, which ultimately drove her to commit suicide,” the court said.

Second accused acquitted

The high court found that the prosecution had failed to produce similar corroborative evidence against Muthuraja. Except for a passing reference in the suicide note, there were no call records, electronic evidence, witness testimony or any other material connecting him with the alleged intimidation.

“In the absence of any corroborative material, this Court is not inclined to sustain the conviction of A2,” the bench held while acquitting him of the charge of abetment of suicide.

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Final order

Partly allowing the cousin’s appeal, the high court set aside his conviction under Section 376 IPC but confirmed his conviction and ten-year sentence under Section 306 IPC. It allowed the another man’s appeal in full, acquitted him of all charges, directed that any fine paid by him be refunded, and ordered his release if he was not required in any other case.