Introduction
The Kerala High Court has ruled that the absence of independent witnesses does not automatically weaken cruelty allegations under Section 498A of the Indian Penal Code. The judgment reinforces that evidence from close relatives can be fully valid when domestic cruelty is alleged.
Facts of the Case
In the case titled Tomon v State of Kerala, the husband appealed his conviction under Section 498A. The husband was initially sentenced to one year’s simple imprisonment, later reduced on appeal to six months. The wife had alleged continuous cruelty from 2003 onwards, including harassment and dowry demands. But she did not file a complaint until 2009.
The prosecution relied on testimony from the wife and her close relatives, no independent or third-party witnesses came forward.
What the Court Says
The Court rejected the argument that lack of independent witnesses undermines the case. It noted that cruelty under Section 498A often occurs behind closed doors inside the matrimonial home, exactly where independent witnesses are unlikely.
The court said the expectation of independent evidence overlooks the social reality of domestic violence. It held that a married woman’s testimony about physical or mental abuse, especially in dowry-linked harassment, can carry strong evidentiary value if found credible. The Court also denied the defence claim that delayed complaint filing proved the allegation false. It observed a victim may avoid reporting abuse immediately, hoping things improve, or to protect her children’s interests.
Finally, it emphasised that dowry-related cruelty is not a simple domestic dispute. It is “rooted in greed, coercion and gender-based violence”, a serious offence deserving legal remedy.
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Implications
This ruling strengthens the protection offered to victims of domestic cruelty. It clarifies that courts cannot disregard credible testimony simply because the witnesses are family members. It reinforces that domestic violence often remains hidden and does not produce independent witnesses. After this verdict, courts may be more willing to convict in 498A cases even when there is no outside evidence. It sends a message that dowry-linked violence inside homes will be taken seriously.
