Kerala High Court
Xxxxxx vs State Of Kerala on 25 September, 2024
Author: V Raja Vijayaraghavan
Bench: V Raja Vijayaraghavan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
&
THE HONOURABLE MR. JUSTICE G.GIRISH
Wednesday, the 25th day of September 2024 / 3rd Aswina, 1946
CRL.M.APPL.NO.1/2024 IN CRL.A NO.29 OF 2024
SC 333/2017 OF SPECIAL COURT UNDER POCSO ACT, THODUPUZHA
APPLICANT/PETITIONER:
XXX
RESPONDENT/RESPONDENT:
STATE OF KERALA,
REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
ERNAKULAM, PIN - 682031.
Application praying that in the circumstances stated therein the
High Court be pleased to suspend the execution of the sentence imposed on
the appellant in the judgment dated 30.11.2023 in S.C.No.333/2017 of the
Special Court under POCSO Act & Children's Act Cases, Thodupuzha, pending
disposal of this appeal as well as the application for remission filed
pending consideration before the Government and to grant bail to the
petitioner/appellant.
This Application coming on for orders upon perusing the application
and upon hearing the arguments of SHRI GIGIMON ISSAC, Advocate for the
petitioner and of the PUBLIC PROSECUTOR for the respondent,the court
passed the following:
P.T.O.
RAJA VIJAYARAGHAVAN V & G. GIRISH, JJ.
-------------------------------------------
Crl.M.A.No.1 of 2024
in
Crl.A.No.29 of 2024
-------------------------------------------
Dated this the 25th day of September 2024
ORDER
G.Girish, J.
The appellant in S.C.No.333/2017 of the Special Court under POCSO
Act and Children's Act Cases, Thodupuzha, who is undergoing life
imprisonment for the commission of infanticide of her child aged 15 months,
has filed this application under Section 389(1) Cr.P.C for the suspension of
sentence.
2. The charge against the applicant was that at about 4 a.m. on
16.02.2016, she committed murder of her child aged 15 months by
smothering with pillow, and thereafter, attempted to commit suicide by
consuming paracetamol tablets and making cut wounds on both wrists and
elbow using a blade. The reason for the above macabre act is stated to be
the harassment meted out to her by her husband and in-laws, attributing
infidelity.
3. We have gone through the judgment rendered by the trial court
convicting and sentencing the applicant for the commission of offence
punishable under Section 302 I.P.C. It has been observed by the learned
Crl.M.A.No.1/2024 in Crl.A.No.29/2024
Additional Sessions Judge in paragraph No.48 of that judgment that the
applicant resorted to a foolish decision resulting in the death of her baby as a
result of unbearable pressure. It is further observed in paragraph No.49 of
the judgment that the learned trial Judge had no option other than to award
a sentence as provided under Section 302 I.P.C. In paragraph No.50 of the
judgment, the learned Additional Sessions Judge directed that a reference
shall be made with the Government under Rule 131 of the Criminal Rules of
Practice through this Court with an expression of the trial Judge as to the
propriety or otherwise of reducing sentence. It is also stated thereunder that
the above course is done with the object to alert the State to consider
question of remission of sentence in exercise of its plenary powers over
punishment imposed against a woman convicted of infanticide of her child.
4. Taking into account the peculiar facts and circumstances of the
case as revealed from the aforesaid observations of the learned trial Judge in
the impugned judgment, we directed the learned Public Prosecutor to get
instructions on that aspect. On 03.09.2024, the learned Public Prosecutor
submitted that the physical and mental condition of the appellant are being
monitored and sought an additional 15 days' time to submit a report. It was
further submitted that such a course is adopted to ensure that the applicant
may not resort to causing harm to herself and her elder child, if set at large.
Crl.M.A.No.1/2024 in Crl.A.No.29/2024
5. Today, when the matter is taken up for consideration, the
learned Public Prosecutor placed before us a report from the Government
Mental Health Centre, Thrissur, where the applicant was admitted on
06.09.2024 for evaluation of her mental condition, that no behavioural
abnormalities were noted during the period of observation, that the
psychometric assessment done by Clinical Psychologist revealed no features
of mood or psychotic symptoms and that the patient has no features of any
mental illness.
6. As already stated above, the case on hand is squarely an
exceptional one. Normally, no mother could be expected to do away with the
life of her off-spring, unless deprived of her normal mental state due to
unforeseen reasons cropping up in her domestic life. As far as the present
case is concerned, even the judgment of the trial court throws light upon the
unfortunate circumstances in the marital life of the applicant which
compelled her to resort to the extreme step of terminating the life of her
baby and attempting suicide. It is also revealed from the said judgment that
procedures were already initiated under Rule 131 of the Criminal Rules of
Practice for making a reference to the Government for remission of sentence
imposed upon the applicant. Having regard to the above facts and
circumstances of the case, we are of the view that this is a fit case where the
exceptional powers conferred under Section 389 (2) of the Code of Criminal
Crl.M.A.No.1/2024 in Crl.A.No.29/2024
Procedure has to be invoked for the suspension of the sentence imposed
upon the applicant by the trial court.
In the result, the application stands allowed as follows :
(i) The sentence imposed by the trial court as per the
judgment dated 30.11.2023 in S.C.No.333/2017 of the
Special Court under POCSO Act and Children's Act Cases,
Thodupuzha, stands suspended and the applicant is
ordered to be released on bail on execution of bond for
Rs.50,000/- (Rupees Fifty Thousand only) with two
solvent sureties each for the like amount.
(ii) The District Probation Officer, Idukki shall monitor the life
and activities of the applicant, after her release from
prison and forward quarterly reports to this Court,
touching her conduct and behaviour towards her elder
child and other family members.
(iii) The District Child Protection Officer, Idukki shall conduct
periodic visits to the residence where the elder child of
the applicant is brought up, and ensure that the said child
is taken care of properly. If the District Child Protection
Officer finds anything detrimental to the welfare and
interest of the said child, the matter shall be immediately
reported to this Court.
(iv) In the event of any adverse report being received from
the District Probation Officer or the District Child
Protection Officer on the matter stated above, the
Crl.M.A.No.1/2024 in Crl.A.No.29/2024
Registry shall bring it to our notice for passing
appropriate orders.
Sd/-
RAJA VIJAYARAGHAVAN V,
JUDGE
Sd/-
G.GIRISH,
JUDGE
vgd
25-09-2024 /True Copy/ Assistant Registrar
