Bombay High Court declines to discharge Gautam Khanduja in Nafisa Joseph abetment case

Gautam Khanduja, 54, will face trial in the abetment case connected with the death by suicide of model and VJ Nafisa Joseph in July 2004, after the Bombay High Court dismissed his discharge plea on Thursday.

Justice MM Sathaye said the question of whether Khanduja’s conduct amounted to abetment must be decided at trial. “It is true that strong suspicion cannot take the place of proof, but that can only be decided at the stage of trial,” the court said.

Joseph and Khanduja had begun dating in 2003 and were engaged in May 2004. Police alleged that Khanduja had told Joseph he was divorced, while a dispute arose after she was told otherwise and sought to see divorce papers. The FIR alleges that he later called off the wedding.

Khanduja’s counsel argued that the chargesheet did not allege instigation, coercion or intentional aid, and that refusing marriage did not by itself amount to abetment. The prosecution cited the couple’s engagement, fixed wedding date and distributed invitations. The court also considered statements recorded from Joseph’s mother and friends.

Khanduja’s lawyer said he will approach the Supreme Court within six weeks. The interim stay on proceedings will remain in force during that time.