The Kerala High Court has held that the absence of independent witnesses in cases under Section 498A of the Indian Penal Code does not, by itself, weaken the prosecution’s case. The Court delivered this judgment in a criminal revision petition filed by a husband who challenged his conviction and sentence under Section 498A. Initially, the trial court had sentenced him to one year’s simple imprisonment, which was later reduced on appeal to six months. The husband contended that the prosecution failed to establish cruelty, pointing to inconsistencies in the testimonies of relatives of his wife and the delay in lodging any complaint despite alleged harassment beginning several years earlier.
The prosecution produced statements from close relatives of the wife reporting continuous harassment and dowry demands over a period of time. The High Court rejected the plea of the husband that lack of independent witnesses made the allegations unreliable. The Court noted that offences under Section 498A commonly occur within the privacy of the matrimonial home — hidden from public view — and ordinarily without any independent person present. Therefore, expecting independent corroboration fails to appreciate the social realities of domestic violence.
The Court observed that when the testimony of the wife about physical assault is found cogent, credible, and trustworthy, it retains significant evidentiary value even without independent corroboration. It further rejected the argument that the absence of complaints over the years disproved cruelty. The Court recognised that a victim may endure harassment and hope for change, especially where children are involved, and may delay raising a formal complaint out of fear or hope for reconciliation. The mere lapse of time before filing a complaint therefore cannot automatically undermine the credibility of her allegations.
In its judgment, the Court emphasised that dowry-related cruelty is not a mere domestic dispute but a serious offence rooted in coercion and systemic gendered violence. Accordingly, the revision petition was dismissed and the conviction and sentence maintained.
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