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2018 Supreme(Mad) 287

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
P.N. PRAKASH, J.
Rejitha – Petitioner
Versus
The Inspector of Police, Kanyakumari & Another – Respondents
Crl. R.C. (MD). No. 760 of 2017 & Crl. M.P. (MD). No. 8884 of 2017
Decided On : 20-03-2018

Advocates Appeared:
For the Petitioner:N. Dilipkumar, Advocate
For the Respondents:S. Bharathi, Government Advocate [Criminal Side], Joseph Thathus Jerome, Advocates

The main legal point established is the requirement for strong evidence and the potential for conviction when exercising power under Section 319 of the Code of Criminal Procedure.

Headnote:

Domestic Violence - Criminal Procedure Code - Indian Penal Code - Tamil Nadu Prohibition of Women Harassment Act, 2002 - [Sections 498(A), 406, 294(b), 506(i) of the Indian Penal Code and Section 4 of the Tamil Nadu Prohibition of Women Harassment Act, 2002] - The court discussed the evidence and legal provisions related to domestic violence and the criteria for impleading a person as an accused under Section 319 of the Code of Criminal Procedure. The court emphasized the need for strong evidence and the potential for conviction when exercising power under Section 319 Cr.P.C.

Fact of the Case:

Thangarani lodged a complaint against her husband and in-laws, leading to a case being registered for various offenses. The trial court dismissed a petition to implead additional accused, leading to a revision case.

Finding of the Court:

The court found that the evidence against the additional accused did not meet the criteria for impleading under Section 319 of the Code of Criminal Procedure.

Issues: The issue revolved around the impleadment of additional accused based on the evidence presented.

Ratio Decidendi: The court emphasized the need for strong evidence and the potential for conviction when exercising power under Section 319 Cr.P.C.

Final Decision: The Criminal Revision Case was allowed, setting aside the trial court's order, and the trial was directed to proceed against the original accused without influence from the previous decision.

JUDGMENT :

1. For the sake of convenience, the parties will be referred to by their name.

2. Thangarani got married to Jeganathan, a police constable, on 21.10.2009 and a son was born to them on 13.07.2010 and a daughter was born to them on 20.10.2011. On 10.08.2012, Thangarani lodged a complaint against her husband and in-laws, based on which, the All Women Police Station, Tiruneveli, registered a case in Crime No.24 of 2012, for the offences under Sections 498(A), 406, 294(b), 506(i) of the Indian Penal Code and Section 4 of the Tamil Nadu Prohibition of Women Harassment Act, 2002, against Jeganathan, [A-1], Thangapushpam, [A-2 - A-1's mother], Kanthakesavan [A-3 - A-1's father], Rejitha [A-4 - A-1's sister] and Manikandan [A-5 - A-1's friend]. During investigation, Jeganathan died on 31.08.2012. The case was transferred to the file of the All Women Police Station, Kanyakumari and was registered as Crime No.2 of 2013. The Inspector of Police, All Women Police Station, completed the investigation and filed a final report on 08.01.2014, before the Judicial Magistrate, No.1, Nagercoil, against Thangapushpam, [A-2] and Kanthakesavan [A-3], leaving out Rejitha [A-4] and Manikandan [A-5]. The cognizance of the said offences were taken and the case was numbered as C.C.No.188 of 2014. Charges for the aforesaid offences were framed against Thangapushpam [A-1] and Kanthakesavan [A-2] and the trial began with the examination of Thangarani as PW-1, on 10.09.2015. Thereafter, one Lakshmanan and Jegatheesan, the brothers of Thangarani, were examined as PW-2 and PW-3, on 28.01.2016 and 11.08.2016. While so, the prosecution filed a petition in Crl.M.P.No.5791 of 2016 in C.C.No.188 of 2014 under Section 319 of the Code of Criminal Procedure to implead Rejitha and Manikandan as accused.

3. On notice, the proposed accused entered appearance and filed their counters. The Trial Court, by order dated 29.07.2017, in Crl.M.P.No.5791 of 2016 in C.C.No.188 of 2014, dismissed the petition with regard to Manikandan, but, however, directed impleadment of Rejitha as accused No.3 in C.C.No.188 of 2014, aggrieved by which, Rejitha is before this Court with this Criminal Revision Case.

4. Heard Mr.N.Dilip Kumar, learned counsel appearing for Rejitha, Mrs.S.Bharathi, learned Government Advocate [Criminal Side] appearing for the first respondent and Mr.Joseph Thathus Jerome, learned counsel appearing for Thangarani.

5. The learned counsel appearing for Rejitha submitted that Rejitha was given in marriage to one Prakash and she settled in Chennai; that her husband - Prakash died and she continues to live with her in-laws in Chennai; that she had no occasion to ill-treat Thangarani, as alleged by her.

6. Per contra, Mr. Joseph Thathus Jerome, learned counsel appearing for Thangarani, submitted that even in the complaint given by Thangarani, she has made serious allegations against Rejitha and therefore, the order passed by the Trial Court does not warrant interference by this Court.

7. This Court gave its anxious consideration to the above submissions made by the learned counsel on either side.

8. In the complaint given by Thangarani, which formed the basis for the registration of the First Information Report in Crime No.24 of 2012, she has made sweeping allegations as against her husband and her in-laws. She has alleged that on the instigation of her in-laws, her husband had assaulted her. She has also stated in the complaint that 30 sovereigns of gold ornaments were taken by her husband and in-laws deceitfully. In her evidence before the Trial Court, she has stated that at the time of marriage, 15 sovereigns of gold jewels were given by her parents to her husband and 75 sovereigns of gold jewels were given to her; that on the instigation of her parents-in-law and sister-in-law that she is not beautiful and not educated, her husband would beat her; that her husband took away 30 sovereigns of gold jewels belonging to her for the purpose of redeeming the mortgage of the









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