KOLLAM: While pronouncing his judgment in the Vismaya case on Tuesday, Kollam Additional Sessions Court judge Sujith K N said the electronic evidence as well as oral testimonies proved that S Kiran Kumar himself had demanded a car while fixing their marriage, thus attracting Sections 3 and 4 of the Dowry Prohibition Act, 1961.
“Moreover, the accused was particular to get a car of his choice. The materials tendered in evidence further established that he had stashed the gold ornaments of Vismaya in his own bank locker,” the judge noted. “The purpose of legislation itself was to eliminate the menace of dowry. The accused, being a member of disciplined force, is supposed to be aware of the stringency of above quoted legal provisions and their import.In this case, from the available materials, it is clear that the accused had demanded dowry and accepted a car as dowry.”The court observed that in the case, the prosecution has proved with strong evidence that the accused had perpetrated physical as well as mental cruelty on the victim in connection with the demand for dowry before her death. He had always kept her on tenterhooks.
“Unless the torture had become unbearable, such a young housewife, who had taken a decision to earn a place of her own in the society, which was revealed through the conversation with her mother, could not have taken the drastic step to end her life,” said special public prosecutor G Mohanraj .
After hearing both sides, the court stated that Kiran was bound to protect his wife and he was capable of doing that. However, he had taken a decision to taunt and harass his wife. “His wife also had dreams. She might have entered the family life with good hope and great expectations. But the menace of dowry dashed all her aspirations. The wife is not a chattel in the hands of the husband. She has her own dignity and individuality. During her suffering, once Vismaya had suspected: whether she was a valueless commodity? That bespeaks her miseries in life. She thought through her matrimony, she may not get a bright future, but she was forced to swallow the bitter pill. Ultimately, she embraced the decision of ending her life,” said the judge.
“The convict has pointed out the ailments of his parents as a reason to show leniency. Besides, the prosecution has failed to produce any report questioning his conduct in the jail. Therefore, the chances of reformation cannot be ruled out and remorse can occur with passage of time. He can recognise his mistakes and can reform himself,” added the judge.
A GOOD DEFENCE AGAINST DOWRY, SAYS MINISTER
T’PURAM: Local Self-Government Minister M V Govindan said the verdict in the Vismaya case is a good defence against the social scourge of dowry. This is not a judgment against one person. The court has issued a warning against marriages involving dowry and people seeking dowry, he said.The minister spoke to Vismaya’s father Thrivikraman Nair on the phone. “The government has been with him throughout the case. Convict Kiran Kumar has already been dismissed from government service, “ he said. The minister lauded the state police and public prosecution for their excellent intervention and thorough investigation.The government has reached out to the people against dowry with the Nava Kerala campaign. The court verdict in the Vismaya case will strengthen all these activities and eliminate dowry. He also said, “We must ensure that our daughters grow up in a safe environment and be self-sufficient.”