The prosecution must substantiate claims of cruelty under Section 498-A IPC with reliable evidence; mere allegations are insufficient for conviction.

JUDGMENT :

JOBIN SEBASTIAN, J.

The accused Nos. 1 to 3 in SC.No.299/2006 on the files of the Additional District and Sessions Judge, Fast Track (Adhoc II), Kozhikode have preferred this appeal challenging the judgment of conviction and order of sentence passed against them in the said case for the offence punishable under Section 498-A IPC.

2. The case of the prosecution in brief is as follows;

PW1 and the accused belong to the Muslim community, and their marriage was solemnized as per their religious rites and ceremonies on 28.03.2004. After the marriage, while both of them were residing together in the matrimonial home, the 1st accused, as well as his parents and sister, who are arrayed as accused Nos.2 to 4 in this case started to ill-treat and harass PW1 alleging that she lacked beauty and the dowry brought by her is insufficient. Furthermore, the accused misappropriated 45 sovereigns of gold ornaments and cash amounting to Rs.1.5 lakhs given by her parents at the time of her marriage and used it for their own purposes. When PW1 became pregnant, the 1st accused, at the instigation of the 2nd and 3rd accused, compelled her to abort the fetus, which she resisted. Despite her resistance, the accused forcefully administered two pills with an intention to abort the fetus and caused PW1 to miscarry without her consent. Hence, the accused are alleged to have committed the offences punishable under Section 313 , 406, 506(i), 498-A r/w 34 IPC.

3. After the completion of the investigation, the final report was filed before the Judicial First Class Magistrate Court.-V, Kozhikode. On being satisfied that this case is one triable exclusively by a court of Session, the learned Magistrate, after complying with all the necessary formalities, committed the case to the court of Session, Kozhikode, under Section 209 of Cr.P.C. The learned Sessions Judge, after taking cognizance made over the case for trial and disposal to the Additional Sessions Court, Kozhikode. On the appearance of the accused before the trial court, the learned Additional Sessions Judge, after hearing both sides under Section 227 of Cr.P.C. and perusal of records, framed a written charge against the accused for offences punishable under Section 313 , 406, 506(i), 498-A r/w 34 IPC. When the charge was read over and explained to the accused, all of them pleaded not guilty and claimed to be tried.

4. During the trial, from the side of the prosecution, PW1 to PW6 were examined and marked Exts.P1 to P5. After the completion of the prosecution evidence, the accused were questioned under Section 313 of Cr.P.C. On questioning, the accused denied all the incriminating materials brought out in evidence against them. Thereafter, both sides were heard under Section 232 of Cr.P.C., and as it was not a fit case to acquit under the said section, the accused were directed to enter on their defence and to adduce any evidence they may have in support thereof. Thereupon, one witness was examined from the side of the accused as DW1 and marked Exts.D1 to D4. Thereafter, both sides were heard in detail, and finally, the learned Additional Sessions Judge found the 4th accused not guilty for the offences charged against her and she was acquitted under section 235(1) of Cr.P.C. Accused Nos.1 to 3 were also found not guilty of offences punishable under Section 313 , 406, 506(1) of IPC and acquitted on the said charges. However, accused Nos. 1 to 3 were found guilty for the offence punishable under Section 498-A r/w 34 IPC, and they were convicted and sentenced to undergo rigorous imprisonment for one year and to pay a fi