Key Facts
The Kerala High Court has acquitted a woman who was sentenced to life imprisonment for smothering her 15-month-old infant in 2016. The bench of Justices Raja Vijayaraghavan V and K V Jayakumar ruled that the Mental Healthcare Act, 2017 protected her because she was under severe mental stress and had attempted suicide at the time of the incident.
Details of the Case
The incident occurred in February 2016 when the woman consumed 14 paracetamol tablets, inflicted injuries on her wrists, and wrote a suicide note before the child's death. She was initially charged with murder and attempt to suicide. In November 2023, a Sessions Court convicted her of murder and sentenced her to life, but acquitted her of the attempt to suicide charge, citing insufficient evidence that the injuries could cause death.
High Court's Reasoning
The High Court found that the trial court's acquittal on the suicide attempt charge was legally unsustainable. It stated that the focus of Section 309 IPC is on the attempt itself, not the likelihood of death. The court noted that the prosecution failed to seriously pursue the suicide attempt charge, and the trial court's reasoning was flawed. Applying Section 115 of the Mental Healthcare Act, which has retrospective effect, the High Court held that the woman could not be punished for any IPC offence as she was deemed to be under mental stress.
Impact and What Readers Should Know
This judgment reinforces the protective scope of the Mental Healthcare Act, 2017, particularly for individuals who attempt suicide while under severe mental stress. The court emphasized that the Act was in force when the trial began in 2021 and should have been considered by the lower court. The woman was set at liberty following the appeal.
FAQ
- Why did the Kerala High Court acquit the woman? The court applied Section 115 of the Mental Healthcare Act, 2017, which protects a person from punishment if they were under severe mental stress and attempted suicide, as the woman had tried to end her life at the time of the incident.
- What was the woman's sentence originally? She was convicted and sentenced to life imprisonment by a Sessions Court in November 2023 for smothering her 15-month-old child in February 2016.
- Did the prosecution argue against the Mental Healthcare Act's application? Yes, the prosecution argued that since the woman was acquitted of the attempt to suicide charge, the Act should not apply. However, the High Court rejected this, noting the acquittal was not based on a finding that no suicide attempt occurred.
Source: www.hindustantimes.com