Actor Jiah Khan, who was found dead at her residence in June 2013, was a victim of her sentiments, states the order copy of the special Central Bureau of Investigation (CBI) court, accessed exclusively by CNN-News18.
Last week, the court acquitted actor Sooraj Pancholi in Khan’s murder case. The order was pronounced almost 10 years after Khan was found dead at her residence in June 2013.
The court, in its order copy, has said that it can’t be denied that the deceased Nafisa Khan alias Jiah Khan had suicidal tendencies.
“No doubt, it is an unfortunate incident that a young girl has committed suicide. However, the available evidence on record reflects that the deceased was a victim of her sentiments. She could not overcome the emotions. The deceased could have always walked out of the relationship. However, she could not overcome her sentiments and her love for the accused for which the accused cannot be held responsible. It has come on record that at the relevant time, the accused was also pursuing his career in acting and admittedly could not devote sufficient time for the deceased. However, on the earlier occasion, when the deceased tried to commit suicide, the accused had saved her. He had helped her come out of depression,” reads the order copy.
The order passed by the court has been critical of the stance taken by Khan’s mother Rabia of “likening this case as murder”. The order also speaks about the petition filed in the Bombay High Court to transfer the case to national as well international agencies.
WHO WROTE THE LETTER?
“Complainant Rabia Khan destroyed the whole case of prosecution by giving contradictory evidences. Complainant doubts everyone except herself,” reads the order by special CBI judge AS Sayeed.
In fact, questions were also raised about why the First Information Report (FIR) in this case was filed six days later, with no mention about the cause for delay.
The delay in handing over the suicide note of Khan to the agencies and its subsequent leakage to electronic media has also been questioned by the court.
The court questioned as to why the letter was handed over to the investigating officer only after notarizing.
As a part of the court’s hearing, it was mentioned that the forensics hinted that the letter might not have been written by Khan. “The letter was handed to the investigating officer after notarizing, which creates serious suspicious regarding the actual author of the said letter,” read the order.
‘NO EVIDENCE OF MURDER’
The order added that Rabia, through her evidence, tried to show that Khan never committed suicide, but was killed by Pancholi. But the court had, during the pronouncement of order, clearly stated that there was not enough evidence against Pancholi in the abetment to suicide case, which is why he was acquitted.
“The complainant was the main and crucial witness of the prosecution, basing on her complaint, the law was set in motion. The complainant openly showed distrust on the prosecution. When the case of prosecution was of suicide, the complainant stated it was a murder case. However, there is no charge of murder in this case,” said the order copy.
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The order also added that Rabia had blamed both the investigating agencies (Mumbai Police and CBI) stating that both the investigating agencies had not carried out proper and correct investigation.
The Court added that Rabia did not trust the opinion of the doctors, post-mortem report or any kind of expert witness, which led to “destroying the case of prosecution”.
According to the order, as per expert opinion, Khan was suicidal. “It is seen that after long drawn and deep investigation, both the investigating officers concluded it was a suicide case…Though the complainant stating it is a murder case, but the available evidence on record does not reflect as what stated by the complainant,” said the judge in the order.
