In case titled as Manju v. State of Delhi, Supreme Court Bench comprising of Justice Mohan M. Shantanagoudar and Justice R. Subhash Reddy set aside order of Trial Court and High Court of Delhi convicting mother accused of causing death by strangulation of her new-born baby girl.
The case of the prosecution was that appellant was admitted in the maternity ward of the Lady Hardinge Medical College Hospital and delivered a baby girl around 12:30 in the afternoon on 24 August 2007. And as the new-born was a baby girl, the appellant/mother caused her death by strangulation after baby was handed over to her. Post-mortem was conducted and doctors opined that cause of the death was asphyxia due to strangulation before death.
Subsequently, case was registered against the appellant for the offense under Section 302 of the IPC, for killing her new-born baby.
Supreme Court observed that the conviction of the appellant was based on circumstantial evidence. The trial court mainly relied on the evidence of two staff nurses, who have stated that baby girl was placed with the mother at about 04:30 p.m. and the child was found dead by 06:30 p.m.
While convicting the accused/mother, Trial Court and High Court took into consideration the oral evidence and post-mortem report. Supreme Court, however, found that there is no evidence on record to draw such a conclusion against the mother/appellant. Also, husband of the accused/appellant stated that they already had a male child and wanted a female child; he stated that his brother had three daughters and their family was not orthodox.
Supreme Court observed that though in the post-mortem, doctor has opined that death is due to strangulation, but when totality of evidence on record is considered, motive is not established and it is totally unnatural for the appellant-mother to kill her own baby by strangulation. It held that, “The Trial court as well as the High Court has based conviction on presumptions without any basis.” Appeal by mother was allowed and order of Trial Court and High Court were set aside.
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