DIETZ GEN CREDO SOONER Vs. STATE OF KERALA

JUDGEMENT

(1.) The first accused, who stands convicted by the Judicial First Class Magistrate-I,Kochi, in C.C.No.706/2007 for offences punishable under Section 498A IPC, as confirmed by the judgment of the Additional District and Sessions Judge-IV, Ernakulam, in Criminal Appeal No.552/2013, is the appellant herein.

(2.) The case of the de facto complainant was that the first accused had married her on 16/1/2003 as per the religious rights and ceremonies. On 26/1/2003, the first accused, who was employed abroad, left India. Accused 2 and 3 are the parents of the first accused and the 4th accused is his sister. The allegation was that ever since the date of marriage, the de facto complainant was physically and mentally harassed by the accused acting in combination, with the intention to satisfy their demand for more dowry, over and above 75 sovereigns of gold ornaments and five cents of land already given to her. It was alleged that harassment was to such an extent that it was likely to drive her to commit suicide. When the physical and mental harassment became unbearable, she left the matrimonial house, to her parental house, on 24/4/2003. Thereafter also, allegedly the first accused continued to harass her, by making false allegations orally and over telephone and spread rumours among the local persons. Complaining about that, Ext.P1 complaint dated 10/4/2004 was submitted to the Women's Commission which was forwarded to the concerned police station on 17/6/2004. Thereafter, the crime was registered. After the conclusion of the investigation, final report was laid against all the accused, for offences punishable under Section 498A read with Section 34 IPC.

(3.) All the accused appeared before the learned Magistrate and pleaded not guilty. They faced the trial. On the side of the prosecution, PW1 to PW 13 were marked. Exts.C1 to C4 were marked as court exhibits. On the side of the accused Exts. D1 to D3 were marked. The court below on an evaluation of the available materials, concluded that the prosecution had succeeded in proving the allegation against the accused and convicted accused 1 to 3. The first accused was convicted to undergo simple imprisonment for two years and to pay a fine of Rs.10,000/-, in default to undergo simple imprisonment for three months. Accused Nos.2 & 3 were found guilty and imposed simple imprisonment of six months each and a fine of Rs.10,000/- with a default clause. That was challenged by accused Nos. 1 to 3 in Criminal Appeal No.552/2013 before the Sessions Court. The Appellate Court on an re-valuation of the available inputs, concurred with the conclusion arrived at by the learned Magistrate in so far as it related to the first accused and confirmed the conviction. However, the court held that the allegation against accused Nos. 2 and 3 were not proved and they were acquitted.