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2024 Supreme(Online)(MAD) 1685

HIGH COURT OF MADRAS
Honourable Mr Justice M.DHANDAPANI
P.NAVEENKUMAR – Appellant
Versus
STATE REP BY – Respondent



Evidence from the victim can support a conviction even if other witnesses turn hostile, provided it is corroborated by medical and other credible evidence.

Headnote:

Conviction - Offence Against Women - IPC - Sections 294(b), 307, 326 - Court upheld conviction for grievous hurt and using obscene language.

Fact of the Case:

The appellant was charged under IPC Sections 294(b) and 307 for attacking P.W.1 with a knife after using obscene language. The court examined the evidence particularly focusing on the victim's testimony and medical reports regarding her injuries.

Finding of the Court:

The court found sufficient evidence corroborating the victim's testimony, despite some witnesses turning hostile. The injuries were deemed grievous, supporting the charge under Section 307.

Issues: Whether the prosecution proved its case beyond reasonable doubt in light of hostile witnesses and the admissibility of the victim's testimony.

Ratio Decidendi: The court reiterated that even if witnesses turn hostile, their testimony can still support prosecution if corroborated by reliable evidence. The severity of the injuries affirmed the conviction under Section 307.

Final Decision: The court confirmed the conviction and sentence imposed by the trial court.

JUDGEMENT

The judgment of conviction and sentence passed against the appellant in S.C. No.377 of 2018 vide judgment dated 14.09.2021 by the District & Sessions Judge, Mahila Court, Cuddalore, is put in issue before this Court.

2. The appellant was charged for the offence u/s 294 (b) and 307 IPC on the allegation that at about 7.30 a.m. on 30.04.2018, the appellant had telephoned P.W.8, the friend of P.W.1/the complainant and had asked her to come in front of the post office, which is opposite the hostel, where P.W.1 and during the course of the conversation, the appellant had used obscene and intemperate words against P.W.1 attracting the offence u/s 294 (b) and in the course of the same transaction the appellant is alleged to have caught hold of the hair of the appellant and uttering words to the effect to do away with her, slashed the neck of P.W.1 with a knife and when P.W.1 tried to ward off the attack, the appellant had attacked her right hand, face and had attempted to murder P.W.1 attracting the offence u/s 307 .

3. After trial, the trial court found the appellant guilty of the offences charged and convicted the appellant, sentenced the appellant to undergo rigorous imprisonment for three months together with a fine of Rs.5,000/-, in default to undergo simple imprisonment for a period of two weeks for the offence u/s 294 (b) and sentenced the appellant to undergo rigorous imprisonment for ten years together with fine of Rs.50,000/-, in default to undergo simple imprisonment for a period of two years for the offence u/s 307 IPC. The sentences were directed to run concurrently and the period of incarceration already suffered was ordered to be set off u/s 428 Cr.P.C. Aggrieved by the said conviction and sentence, the present appeal has been filed by the appellant.

4. Shorn of unnecessary details, the case of the prosecution, as could be culled out from the evidence of the witnesses is as under :-

    P.W.1, the injured victim, is a native of Kothandapatti, Vaniyambadi Taluk, Vellore District. She knows the appellant, who is an Engineering Graduate in Information Technology. P.W.1 has been pursuing her 2nd year post-graduate studies in science during the year 2018 at Annamalai University and was staying in the ladies hostel. P.W.8 is the friend of P.W.1 and she is also studying along with P.W.1. P.W.1 has acquaintance with the appellant since her school days as both were attending the same tution centre. P.W.1 and the appellant fell in love with each other since 2012 when P.W.1 was doing her graduation at Adhiparasakthi Agricultural College.

5. The appellant was in the habit of doubting P.W.1 and had frequent quarrels, which was amicably resolved amongst the appellant and P.W.1. The appellant was addicted to alcohol and inspite of the advice of P.W.1, the appellant did not pay heed to the said advice.

6. The appellant had asked P.W.1 to lend him a sum of Rs.20,000/- from out of the money, which P.W.1 had received from her house for the purpose of paying her second year college fees and though P.W.1 initially refrained from giving the amount, however, the appellant lured her to part with the said amount. Inspite of the repeated demand made by P.W.1, the appellant did not return the amount. As the appellant was in the habit of castigating P.W.1 in obscene language, P.W.1 felt emotionally and mentally disturbed and in fact, P.W.1 was even contemplating to break up her love affair with the appellant. 7. Thereafter, P.W.1 refrained from attending the calls from the appellant, which was known to the friends of P.W.1, including P.W.8. P.W.1 contacted the appellant through the phone of P.W.8 and informed him not to call her, but the appellant, entertaining a grudge that P.W.1 was moving away from him because of her friends, even threatened that he would do away with her friends.

8. On 29.4.2018, the appellant had called P.W.8 and informed that he will be returning the money, which he took from P.W.1 the next day and asked P.W.8 to inform P.W.1

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