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Synopsis

The Madras High Court recently upheld the conviction and one-year prison sentence of a man and his stepmother for subjecting his pregnant wife to cruelty, including an alleged attempt to force an abortion. Court rejected the criminal revision petition filed by the duo, affirming the findings of both the trial and appellate courts.

Justice Sathi Kumar Sukumara Kurup dismissed the petition filed by Ramasamy and his stepmother, Selvi, who were earlier found guilty under Section 498A of the Indian Penal Code. The accused had challenged their conviction by the Judicial Magistrate of Rasipuram and the subsequent affirmation of the sentence by the Principal Sessions Judge, Namakkal.

According to the prosecution, the woman was married to Ramasamy in July 2008. Trouble began soon after, with the stepmother allegedly instigating Ramasamy to drive the woman out of the matrimonial home. Matters worsened when she became pregnant in December that year. The woman claimed that both Ramasamy and Selvi forcibly administered pills to her in an attempt to terminate the pregnancy. Although she managed to vomit and avoid consuming the pills, she was later allegedly attacked, threatened with a machete, and thrown out of the house.

After giving birth, she returned to the house with her child but was reportedly assaulted again. The child was forcibly taken from her arms and thrown to the ground, and she was denied entry into the house.

Following her complaint, the All Women Police Station in Rasipuram registered an FIR under Sections 498A and 506(ii) of IPC and Section 4 of the Dowry Prohibition Act. However, the trial court acquitted the accused of the criminal intimidation and dowry charges, but convicted Ramasamy and Selvi for cruelty.

In their revision plea before the high court, the duo argued that there was no dowry demand, and relied on a Social Welfare Officer's report which found no evidence of dowry harassment. They claimed the entire case was fabricated and alleged that the woman had an illicit relationship with another man.

The high court, however, noted that Section 498A is not limited to dowry-related cruelty and applies to any form of mental or physical cruelty inflicted by the husband or his relatives.

Justice Kurup held that the wife’s testimony detailing the attempt to force an abortion and the continuous abuse was credible and sufficient for conviction.

“Even if there is no dowry harassment, the atrocities and cruelties meted out to P.W-1 (the wife) had been clearly spoken to by her in her evidence,” the court observed.

The high court ordered the Judicial Magistrate, Rasipuram, to issue warrants to ensure that the convicts undergo the sentence of imprisonment. The Inspector of Police, All Women Police Station, Rasipuram, was directed to execute the warrant and produce the accused.

Case Title: Ramasamy and Another vs. State