STATE VS.

MUKESH

CASE ANALYSIS

The present case is about the accused Mr. Mukesh, age 38, resident of
678 Hauz Khas, New Delhi, who on the morning of 1st January 2017 at
10 a.m. assaulted his ex-wife Ms. Monika, age 35, outside 345 Green
Park, New Delhi i.e. the home of the victim.
It is not in dispute that the Accused deliberately hit the Complainant,
voluntarily caused her grievous hurt by damaging her right eye. The
condition of the Complainant was so severe that she had to be
hospitalised and underwent bodily and mental trauma for the period of
twenty days because of the beating she received at the hands of the
Accused.
In the light of all the evidences, examination and cross examination of
witnesses, it was clearly evident that the act of the Accused was a
deliberate act which spurred out due to the anger which he had against
his ex-wife. Moreover the relationship of the Accused with the
Complainant was in no way cordial, in fact the ten year marriage
suffered because of the constant violence the Accused meted out on the
Complainant.
Ms Monika is a single mother of two children, a boy named Sanjay (age
8) and a girl named Sonia (age 5), who is somehow trying to lead her
life peacefully with her children whereas Mr Mukesh is an irresponsible
man who couldn’t provide for his family and had left his wife for
another women Ms Roshni, a wealthy divorcee who runs a health club.
And Mr Mukesh also had an anger issues because of which he had
previously been convicted.
It was a thoughtful act through which Mr Mukesh wanted to injure the
victim so that he may teach her a lesson and hurt her badly in the best
possible way. This could be seen from his act of fleeing away without
even bothered to call an ambulance or giving first aid. Further the
assertion of the Accused that the Complainant was hysterical is wrong
and ill founded. Ms Monika was in fact acting as a concerned mother
who had literally no idea about the whereabouts of her children for
more than 12 hours who have gone out with such an irresponsible
person who didn’t even responded to her calls to enquire about the
children. The Accused had tried to hurt the Complainant in the past
also. It is a case where a women could not get rid of violence even after
giving divorce to the Accused which itself proved vulnerability of the
victim.
In the light of these circumstances, in my humble opinion and would
also request the court to punish the Accused under section 325 1
together with section 3202 of the Indian Penal Code, 1860.

PREPARED BY:
Syed Faraz Ali
Roll No: 157301
(Prosecution Counsel)

1
Section 325: Punishment for voluntarily causing grievous hurt – Whoever….voluntarily
causes hurt, shall be punished with imprisonment of either description for a term which may
extend to seven years, and shall also be liable to fine
2
Section 320: Grievous hurt – The following kinds of hurt only are designated as “grievous”:
…… Eightly – Any hurt which endangers life or which causes the sufferer to be during the
space of twenty days in severe bodily pain, or unable to follow his ordinary pursuits.