Victim's Sole Testimony Valid for Domestic Violence Conviction Only If Reliable and Convincing: Kerala HC

Victim's Sole Testimony Valid for Domestic Violence Conviction Only If Reliable and Convincing: Kerala HC

The Kerala High Court acquitted a husband and his relatives in a Section 498-A IPC case, ruling that the prosecution failed to substantiate key charges despite relying solely on the victim’s testimony.

Justice Jobin Sebastian affirmed that a domestic violence survivor’s testimony can form the basis for conviction if “convincing and reliable.” However, in this case, the main accusation of forced abortion was refuted by medical evidence, and claims of misappropriation and assault lacked independent support. 

The Court observed that not every marital dispute rises to the level of cruelty under the law and ordered a refund of the fines deposited by the accused.

(Sajudheen & Ors v. Sub Inspector of Police & Anr)

Judgement Copy / 2 months ago

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