Xxxxxx vs State Of Kerala on 25 September, 2024

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Kerala High Court

Xxxxxx vs State Of Kerala on 25 September, 2024

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 :2: 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. :3: 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 :4: 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 :5: 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

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