Kerala HC calls for scrutiny of Section 122 of Evidence Act

The bench of Justice K Vinod Chandran and C Jayachandran directed the high court registry to send a copy of the verdict to the Union law secretary and to the member secretary at the Law Commission of India in view of the its comments on Section 122 of the Act.

The division bench had considered an appeal against the acquittal one Rasheed of Rayamangalam in Ernakulam in the case of murder of his employer Noushad, a plywood factory owner, in 2015.

The prosecution charge was that suspecting an affair between his wife and Noushad, Rasheed rammed his car into the victim’s bike and then stabbed the victim to death.

The motive behind the crime was sought to be proved by the evidence produced by the accused’s wife. During the trial, the woman said she had spoken to the victim over phone and admitted that she had a quarrel with her husband over chats between her and the deceased on the day before the incident.

But the admissibility of the evidence was challenged in the court in view of the express bar under Section 122 of the Evidence Act.

The division bench said the sanctity of a family, which includes its privacy, is what is essentially sought to be protected by Section 122. The fidelity of the wife (in this case) requires to be preserved from being divulged, with regard to the purpose of Section 122.

“The evidence of quarrel and the reason behind it are matters which fit into the prohibited compartment of communication between spouses, and therefore, is inadmissible. That part of the evidence which pertains to the quarrel between the spouses is to be eschewed as inadmissible under Section 122 of the Evidence Act,’’ said the court, awarding life term to the accused after relying on other evidences and depositions of witnesses.