Shoba Gunasekaram v A Rajandran

CourtMagistrates' Court (Singapore)
JudgeGilbert Low Teik Seang
Judgment Date15 May 2001
Neutral Citation[2001] SGMC 26
Citation[2001] SGMC 26
Published date19 September 2003

JUDGMENT:

Grounds of Decision

1. The complainant, Miss Shoba Gunasekaram, instituted a private prosecution against the respondent, Mr A Rajandran, in the form of the following charge in PSS 745/2000 (P1):

"You are charged that you, on or about the 18th day of April 1999 at about 2 am at 493 Yio Chu Kang Road #02-02, Singapore 787079, did voluntarily cause hurt to one Shoba Gunasekaram to wit, by slapping her on the face and pushing her with intention to cause hurt to the said Shoba Gunasekaram, and have thereby committed an offence punishable under section 323 of the Penal Code (Cap 224)."

2. Both parties were married to one another at the material date of the charge. The respondent, a practising advocate and solicitor, claimed trial to the charge and acted in person for the trial. At the end of the trial, I acquitted the respondent of the charge. Being dissatisfied with my decision, the complainant successfully obtained the Public Prosecutors consent pursuant to section 245 of the Criminal Procedure Code to appeal against the respondents acquittal.

COMPLAINANT'S CASE

3. In the early hours of 18 April 1999 at about 2 am, the complainant returned to her matrimonial home at 493 Yio Chu Kang Road #02-02 Singapore 787079 after attending a corporate dinner and dance held in the evening of 17 April 1999. Her husband, the respondent was still awake at that time and was waiting for her. He appeared to be angry with her for coming home late and accused her of being drunk even though the complainant denied having had any alcohol at that time. According to the complainant, her husband interrogated her and wanted her to admit that she was having an affair. She denied having an affair and eventually, the respondent gave her a hard slap, pushed her and walked away.

4. The complainant testified that the slap was very painful and she heard ringing noise in her ear after the slap. She started crying and went to bed. She still felt pain in the morning of 18 April 1999, which was a Sunday. However, she did not see a doctor as she thought that the pain might subside. On 19 April 1999, a Monday, she decided to see Dr Terence Koh at Yio Chu Kang MRT Clinic as she was still in pain and she was worried that her eardrums were affected. She was given a medical certificate by Dr Koh for that day.

5. Dr Koh testified that there was no bruising on the complainants face when he examined her. She did not suffer any loss of consciousness. There was also no brain damage as a result of the alleged slap. Neither were the complainants ear-drums damaged. It also appeared from Dr Kohs cross-examination that there was no subsequent follow-up on the complainant by Dr Koh on this matter. The complainant next visited him on 27 December 1999 on other matters. Dr Kohs medical report on the complainant was admitted as Exhibit P2.

6. When the complainant returned to work on 20 April 1999, she decided to make a police report against the respondent. After work on that day, at 6.30 pm, she got her colleague, Miss Rohana binte Mahmud to accompany her to the Kolam Ayer Neighbourhood Police Post ("Kolam Ayer NPP") to lodge the report. According to her, an Indian police officer attended to her there. She alleged that the Indian officer refused to allow her to make a police report for record purposes only. She was told that if she were to make the report, the police would have to call her husband for investigations. As she wanted to save...

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