Convictions under Section 498(A) IPC may be set aside if the evidence is found to be vague and the parties had subsequent reunions and lived together happily, which suggests condonation of previous allegations.

Common Prayer :

Criminal Revision Cases are filed under Sections 397 & 401 of the Code of Criminal Procedure, to set aside the Judgement in Crl.A.No.356 of 2022 dated 01.09.2023 passed by the learned XXII Additional Sessions Judge, Allikulam, confirming the Judgment of conviction passed in C.C.No.5029 of 2014 dated 16.11.2022 passed by the learned XIII Metropolitan Magistrate Court, Egmore.

(in both CRPs)

For Petitioner : Mrs.S.Sridevi

Legal Aid Counsel

For Respondent : Mr.L.Baskaran

Government Advocate (Crl.Side)

O R D E R

Both the revisions are directed as against the Judgment dated 01.09.2023 passed in Crl.A.No.356 of 2022 on the file of the XXII Additional Sessions Judge, Allikulam, Chennai, thereby confirming the Judgment of conviction and sentence passed by the XIII Metropolitan Magistrate, Egmore, Chennai, in C.C.No.5029 of 2014, for the offences punishable under Sections 498(A), 406 and 506(ii) of IPC.

The case of the prosecution is that the first accused is the husband of the victim and the second accused is the father-in-law. The victim belongs to Schedule Caste community, whereas the accused belongs to a different community. The victim and the first accused fell in love and got married in the year 2003 without the consent of their parents. Out of their wedlock, they gave birth to a male child. During the year 2009, due to unwell of the third accused, who is the mother of the first accused, all the accused started to harass the victim by demanding dowry. Though the victim had already been given dowry of Rs.6 lakhs in cash and 15 sovereigns of gold at the time of marriage, the accused demanded more dowry and committed harassment. The accused also physically abused the victim and left her alone in lurch.

On the complaint lodged by the victim, the respondent registered an FIR in Crime No.1 of 2014 for the offences punishable under Sections 498(A), 323, 506(ii) of IPC. After completion of the investigation, the respondent filed a final report and the same has been taken cognizance by the Trial Court. The Trial Court framed the charges for the offences punishable under Sections 498(A), 406 and 506(ii) of IPC. Pending trial, the third accused, who is the mother of the first accused, died.

In order to prove the case, the prosecution had examined P.W.1 to P.W.6 and marked Exs.P1 to P6. On the side of the accused, no witnesses were examined and no documents were marked to disprove the charges.

On perusal of the oral and documentary evidence, the Trial Court found the first accused guilty of the offences punishable under Section 498(A) and 406 of IPC and sentenced him to undergo two year rigorous imprisonment and to pay a fine of Rs.5,000/-, in default, to undergo simple imprisonment for a period of one month. He was further convicted for the offence under Section 506(ii) of IPC and sentenced to undergo one year rigorous imprisonment and to pay a fine of 1,000/-, in default, to undergo two weeks simple imprisonment. The second accused was convicted for the offence under Section 498(A) of IPC and sentenced him to undergo two years rigorous imprisonment for a period of two years and to pay a fine of Rs.5,000/-, in defualt, to undergo simple imprisonment for a period of one month. Aggrieved by the same, both the accused preferred an appeal. The Appellate Court dismissed the appeal and confirmed the order of conviction and sentence imposed by the Trial Court. Hence, the present Criminal Revision Cases have been filed.

The learned counsel appearing for the petitioners submitted that the prosecution has completely failed to prove the charges. Even according to the victim, after the alleged occurrence, there was a reunion between the parties and they lived separately for a period of three years. Thereafter, the first accused left the matrimonial home and as such, the complaint was lodged with the allegations relating to a period prior to their separation. Therefore, whatever the alleged occurrence t