‘Case based on mere suspicion’: Woman convicted in child’s murder to walk free

Slamming the prosecution of relying merely on suspicion and failing to establish the chain of events and motive behind the murder, the Madras High Court acquitted a mother sentenced to life for allegedly murdering her 15-month-old daughter.

Pointing out that the prosecution has failed to prove that the death of the child is homicidal in the first place, a division bench comprising Justice V Bharathidasan and Justice J Nisha, said: “The prosecution has miserably failed to prove the chain of circumstances, unerringly pointing the guilt of the accused. The prosecution even failed to prove any single incriminating circumstance against the accused beyond reasonable doubt and made its case based on mere suspicion, without any strong evidence.”

“The trial court without considering the same, simply relying on the evidence of P.

Ws.1 to 4 has come to the conclusion that the accused has committed murder and convicted the accused. Hence, the conviction and sentence imposed by the trial court are liable to be set aside and the appellant is entitled to acquittal,” the bench held.

The State had submitted that the baby is 15 months old and the accused being the mother, she does not have to leave the child alone and the burden is on her to prove how the child died, and Section 106 of the Indian Evidence Act would operate against the accused.

As per the case, the mother following a quarrel with her husband had left the child and left for her parents’ place. But the following day, the child was found dead in a well. The husband lodged a complaint that his wife threw the baby in the well and absconded but the latter submitted that she had no knowledge of the child’s death until the police informed her about the same.

The prosecution even failed to prove any single incriminating circumstance against the accused beyond reasonable doubt and made its case based on mere suspicion, without any strong evidence, the Bench said