Familial witnesses in dowry cases are credible unless substantial inconsistencies arise; courts cannot disregard evidence solely due to relationships.

ORDER :

SATHI KUMAR SUKUMARA KURUP, J.

This Criminal Revision Case had been filed to set aside aside the judgment dated 14.08.2019 passed in C.A.No.207 of 2015 by the learned II Additional Sessions Judge, Chennai partly confirming the Judgment dated 13.10.2015 passed in C.C. No. 5113 of 2011 on the file of the learned Chief Metropolitan Magistrate, Egmore, Chennai.

2. The brief facts, which are necessary for the disposal of this Criminal Revision Case, are as follows:

2.1 As per the Complaint under Ex.P-1, the Revision Petitioner/first Accused had married Kowsar Fathima, De facto Complainant/PW1 on 07.10.2001. It was an arranged marriage. At the time of marriage, the parents of the De facto Complainant have presented 18 sovereigns of gold jewellery and Rs.15,000/- in cash. The Revision Petitioner was having his own Mechanic Shed at Pudupet, Chennai. After the marriage, the De facto Complainant was living with her husband and mother-in-law. After two months of marriage, the mother-in-law started to ill-treat the De facto Complainant on the ground that she had married off her daughter giving 50 sovereigns of gold jewellery and Rs.50,000/- as dowry, whereas the dowry brought by the De facto Complainant was less and her son, the Revision Petitioner herein had got offers from affluent families who were ready to provide higher amount of dowry. The father of the De facto Complainant was working in Postal Department. After his retirement, the retirement benefits were demanded by the mother-in-law. In the course of their matrimonial life, the De facto Complainant delivered a male child. Meanwhile, the husband of the De facto Complainant had arranged to put up construction in the property belonging to him for which he demanded money from the De facto Complainant. The De facto Complainant approached her parents and their parents had given Rs.1,00,000/- in two instalments of Rs.50,000/- each and thereafter the De facto Complainant often went to her parent’s house and complained that her husband and mother-in-law were demanding more and more dowry. Therefore, upon hearing her woes, her elder maternal Aunt had given Rs.1,00,000/- which she had handed over to her husband. Meanwhile, her elder brother had left for Muscat on employment. Knowing about the job prospects at Muscat and the fact that the De facto Complainant is the only daughter to her parents, the mother-in-law and the husband of the De facto Complainant demanded her to seek monetary help from her brother. Her brother had also offered financial help and he had purchased gold ornament for his sister/De facto Complainant on his return from Muscat. Since it was not comfortable to wear, she had exchanged it at GRT Jewellery Mart. The husband and mother-in-law, however, sold the jewels given by the parents and elder brother of the De facto Complainant towards expenses for the construction of house.

2.2. After the construction of the house, the De facto Complainant was living along with her husband and mother-in-law. De facto Complainant came to know that in the year 2006, the husband of the De facto Complainant contracted a second marriage by marrying her younger maternal Aunt’s daughter Tapasum as his second wife and in the course of such matrimonial life, a child was born to her. On coming to know about the same, the De facto Complainant enquired her husband about the same. Then he started to ill-treat her by declaring that she is not attractive and he did not like her. He also demanded her to walk out of the matrimonial relationship and he will bring in Thapasum to the newly constructed house. Subsequently he along with his mother, ill-treated her and the husband of the De facto Complainant also attacked her brutally, even threatened her and forced her to get out of the matrimonial house. She and her son sensing danger to their life went to her mother’s house and sought refuge. Since she was scared of her life, she preferred a co