In domestic violence case, survivor's sole testimony reliable for conviction: Kerala High Court
Ill-treatment happens in the confines of the house, the single bench said.
Ill-treatment happens in the confines of the house, the single bench said.
Ill-treatment happens in the confines of the house, the single bench said.
Kochi: Upholding the prison sentence awarded by an Additional Sessions Court, the Kerala High Court has ruled that the sole evidence of a domestic violence survivor is reliable for conviction of the abusers.
Justice Jobin Sebastian, in his order, reasoned that such statements will be enough as ill-treatment and harassment often happen within the confines of the house.
"...it is to be noted that, in cases relating to domestic violence, it is not prudent to look for independent corroboration for the evidence of a victim, particularly when the incidents of domestic violence, including ill-treatments and harassments, often occur within the confines of a house. Therefore, I am of the view that there is nothing wrong in relying on the solitary evidence (of the victim) in entering into a conviction...".
The court, however, underscored that such a testimony can be relied on, provided it is convincing and reliable.
The court ruled in a case where the accused husband and his parents moved the court, challenging their conviction by the Additional Sessions Court, which had sentenced them to one year of rigorous imprisonment and a fine of ₹5,000 each.
According to the prosecution, the complainant married the first accused on 28 March 2004. She alleged that she was harassed for insufficient dowry, her gold ornaments and cash were misappropriated, and that her husband, at the instigation of his parents, forced her to undergo an abortion against her will by administering pills.
While the trial court acquitted the accused of the charges under Sections 313 (causing miscarriage), 406 (criminal breach of trust), and 506(i) (criminal intimidation) IPC for want of evidence, it convicted them under Section 498-A IPC, relying mainly on the solitary testimony of the complainant.
The high court, however, acquitted the husband and kin in a Section 498-A IPC case (cruelty against a woman by her husband or his relatives), holding that the main allegation of forced abortion was not proved and that other allegations remained unsubstantiated.