• Home
  • About Us
  • Terms and Conditions
  • Privacy Policy
  • Share Your Story
  • Advertise With Us
  • Contact Us
Voice For Men
ads
  • HOME
  • IN THE NEWS
    • ALLEGED FALSE RAPE
    • 498A CASES
    • MURDER
    • SUICIDE
    • IMPACT ON CHILDREN
    • CRIME HAS NO GENDER
    • ADULTERY
    • ALIMONY
    • DOMESTIC VIOLENCE
  • IN THE LAW
    • HIGH COURT
    • SUPREME COURT
    • OTHER COURTS
  • IN THE SOCIAL
    • GENDER STORIES
    • BLOGS
  • HIS STORY
    • SPEAK UP MEN
    • SUCCESS STORY
  • NON TIER-I CITIES
  • Donate To Us (80G Eligible)
  • वौइस् फॉर मेंन हिंदी
No Result
View All Result
  • HOME
  • IN THE NEWS
    • ALLEGED FALSE RAPE
    • 498A CASES
    • MURDER
    • SUICIDE
    • IMPACT ON CHILDREN
    • CRIME HAS NO GENDER
    • ADULTERY
    • ALIMONY
    • DOMESTIC VIOLENCE
  • IN THE LAW
    • HIGH COURT
    • SUPREME COURT
    • OTHER COURTS
  • IN THE SOCIAL
    • GENDER STORIES
    • BLOGS
  • HIS STORY
    • SPEAK UP MEN
    • SUCCESS STORY
  • NON TIER-I CITIES
  • Donate To Us (80G Eligible)
  • वौइस् फॉर मेंन हिंदी
No Result
View All Result
Voice For Men
No Result
View All Result
Home IN THE NEWS CRIME HAS NO GENDER

Supreme Court Acquits Woman For Killing New Born As “It Is Unnatural For Mother To Kill Her Own Baby”

Team VFMI by Team VFMI
December 18, 2019
in CRIME HAS NO GENDER, GENDER STORIES, IMPACT ON CHILDREN, IN THE LAW, IN THE NEWS, IN THE SOCIAL, SUPREME COURT
0
mensdayout.com
READ ORDER | Major Daughter Not Entitled To Education Expenses From Father As She Does Not Want To Maintain Relationship With Him: Supreme Court (Representation Image Only)

READ ORDER | Major Daughter Not Entitled To Education Expenses From Father As She Does Not Want To Maintain Relationship With Him: Supreme Court (Representation Image Only)

575
SHARES
1.8k
VIEWS

In several judgements over the years, an accused woman has always received absolute benefit of doubt, however, in the below case, the apex court has acquitted a mother of murder, because they felt it was “unnatural” for a mother to kill her own child.

voiceformenindia.com
Supreme Court of India

Case:

  • The appellant (mother) was admitted in the maternity ward of the Lady Hardinge Medical College Hospital, Delhi, and delivered a baby girl on August 24, 2007
  • The new born was handed over to the mother on August 26, 2007 post which the child was strangulated and killed
  • According to the police, it was the mother herself who murdered her new born because she was a girl child
  • The doctor too opined that cause of death was asphyxia due to ante mortem strangulation
  • On August 31, 2007 a case was registered against the appellant for the offence under Section 302 IPC, for causing death of her new born baby
  • She was tried for the charge under Section 302 IPC by the court of Additional Sessions Judge, Fast Track Court, New Delhi
  • In her statement, she had not pleaded guilty and claimed trial
  • To prove the charge against the appellant, prosecution in all, had examined 23 witnesses
  • The trial court, by judgment dated December 19, 2009 found that prosecution had been able to prove complete chain of circumstances and proved its case beyond reasonable doubt, that the appellant accused was guilty for the commission of offence under Section 302 IPC and imposed the sentence of imprisonment for life and to pay a fine of Rs 2000
  • The Delhi High Court too upheld the conviction and sentence imposed on the appellant
  • However, the Supreme Court has now acquitted the woman citing benefit of doubt

The bench comprising Justice Mohan M. Shanthanagoudar and Justice R. Subhash Reddy noted:

  • There is no evidence on record to attribute motive that the mother strangulated the baby because the new born is a baby girl
  • The husband, a prosecution witness who later turned hostile, had deposed that they already had a male child, and they wanted a female child to complete the family
voiceformenindia.com
Justice Mohan M. Shanthanagoudar

The bench observed:

It is true that in the post-mortem, doctor has opined that death is due to asphyxia and there were marks of strangulation, but at the same time if totality of evidence on record is considered, motive is not established and it is totally unnatural for the mother to kill her own baby by strangulation.

Granting her the benefit of doubt, the bench acquitted the accused. It said:

The Trial court as well as the High Court has based conviction on presumptions without any basis. It is fairly well settled that to base conviction solely on the circumstantial evidence, unless chain of circumstances is established conviction cannot be recorded. 

voiceformenindia.com
Justice R. Subhash Reddy

The bench further noted that from the totality of evidence on record it is clear that the baby girl was put in incubator with an oxygen mask and she has also not opened her eyes and she did not cry after birth. Thus the Supreme Court did not rule out a possibility of natural death.

Though the doctor has opined in the post-mortem report, the cause of death is asphyxia but in absence of any clear evidence on record, the bench felt it was not safe to convict the appellant for the offence under Section 302 IPC. The top court noted:

As the evidence on record is not sufficient to bring home the guilt of the accused, beyond reasonable doubt, we are of the considered view that the appellant is entitled to benefit of doubt, for acquittal from the charge framed against her.

ALSO READ –

http://voiceformenindia.com/in-the-news/jolly-joseph-kerala/

http://voiceformenindia.com/in-the-law/child-murder-by-mother/

Follow www.mensdayout.com on Facebook, Twitter and Instagram

Join our Facebook Group or follow us on social media by clicking on the icons below

Donate to Voice For Men India

Blogging about Equal Rights for Men or writing about Gender Biased Laws is often looked upon as controversial, as many 'perceive' it Anti-Women. Due to this grey area - where we demand Equality in the true sense for all genders - most brands distance themselves from advertising on a portal like ours.

We, therefore, look forward to your support as donors who understand our work and are willing to partner in this endeavour to spread this cause. Do support our work to counter one sided gender biased narratives in the media.

Donate Now (80G Eligible)

To make an instant donation, click on the "Donate Now" button above. For information regarding donation via Bank Transfer, click here.

Follow Us

Tags: child murdercrimes by womenimpact on childrenin the lawmurdersupreme court
Team VFMI

Team VFMI

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

Support Us To Spread The Cause
  • Trending
  • Comments
  • Latest
mensdayout.com

Husband Sends Wife To NZ On Study Visa By Paying Rs 21 Lakhs | Wife Blocks His Mobile After Reaching

October 2, 2019
mensdayout.com

Humans Of Bombay Post One-Sided Sob Story By Wife; Here’s What Brother Of Deceased Husband Has To Say

June 8, 2020
mensdayout.com

Bengaluru Woman Alleged Assault | Zomato Delivery Man Shares His Side Of Story

March 11, 2021
mensdayout.com

Daughter Takes Mum On Her Honeymoon; Months Later Mother Is Pregnant With Son-In-Law

January 20, 2020
mensdayout.com

Accountant Left 24-Page Suicide Note Alleging Harassment And Infidelity By Wife

23
mensdayout.com

ASCI Upholds Complaint | CARS24 Sexist Ad To Be Modified Or Withdrawn By June 17

16
mensdayout.com

“I Curse Myself For Getting My Son Married As Per Indian Laws”: Story Of A Senior Citizen Father

15
mensdayout.com

Greta Thunberg – Zero Solutions – Nominated For Nobel Prize | Boyan Slat – Ocean Cleanup Project Goes Unnoticed

12
voiceformenindia.com

Egypt Gets First Association To Defend Rights Of Men & Children To Preserve The Entity Of Family

June 25, 2022
voiceformenindia.com

Shared Parenting | Bickering Among Couples Affects Kids Tremendously & Unhappy Childhood Is Dangerous: Former Calcutta High Court Judge

June 25, 2022
I Am Fed Up With My In-Laws; 26-Year-Old Ajmer Man Ends Life Within Five Years Of Marriage

I Am Fed Up With My In-Laws; 26-Year-Old Ajmer Man Ends Life Within Five Years Of Marriage

June 24, 2022
voiceformenindia.com

READ ORDER: Here Are 12 Reasons Why Kerala High Court Granted Pre-Arrest Bail To Vijay Babu In Alleged Rape Case

June 24, 2022

Follow Us

Recent News

voiceformenindia.com

Egypt Gets First Association To Defend Rights Of Men & Children To Preserve The Entity Of Family

June 25, 2022
voiceformenindia.com

Shared Parenting | Bickering Among Couples Affects Kids Tremendously & Unhappy Childhood Is Dangerous: Former Calcutta High Court Judge

June 25, 2022
I Am Fed Up With My In-Laws; 26-Year-Old Ajmer Man Ends Life Within Five Years Of Marriage

I Am Fed Up With My In-Laws; 26-Year-Old Ajmer Man Ends Life Within Five Years Of Marriage

June 24, 2022
voiceformenindia.com

READ ORDER: Here Are 12 Reasons Why Kerala High Court Granted Pre-Arrest Bail To Vijay Babu In Alleged Rape Case

June 24, 2022

Subscribe To Our Newsletter

    Subscribe to our mailing list to receive monthly updates in your inbox!

    Voice For Men

    Voice For Men India publishes articles about Men's Rights, Gender Biased Laws, Impact on Children of Separated Parents & His Story. Do check out the "Other Side.

    Follow Us

    Browse by Category

    • 498A CASES
    • ADULTERY
    • ALIMONY
    • ALLEGED FALSE RAPE
    • BLOGS
    • CRIME HAS NO GENDER
    • DOMESTIC VIOLENCE
    • GENDER STORIES
    • HIGH COURT
    • HIS STORY
    • IMPACT ON CHILDREN
    • IN THE LAW
    • IN THE NEWS
    • IN THE SOCIAL
    • MURDER
    • NON TIER-I CITIES
    • OTHER COURTS
    • SPEAK UP MEN
    • SUCCESS STORY
    • SUICIDE
    • SUPREME COURT
    • Uncategorized

    Recent News

    voiceformenindia.com

    Egypt Gets First Association To Defend Rights Of Men & Children To Preserve The Entity Of Family

    June 25, 2022
    voiceformenindia.com

    Shared Parenting | Bickering Among Couples Affects Kids Tremendously & Unhappy Childhood Is Dangerous: Former Calcutta High Court Judge

    June 25, 2022
    • Home
    • About Us
    • Terms and Conditions
    • Privacy Policy
    • Share Your Story
    • Advertise With Us
    • Contact Us

    © 2019 Voice For Men India

    No Result
    View All Result
    • HOME
    • IN THE NEWS
      • ALLEGED FALSE RAPE
      • 498A CASES
      • MURDER
      • SUICIDE
      • IMPACT ON CHILDREN
      • CRIME HAS NO GENDER
      • ADULTERY
      • ALIMONY
      • DOMESTIC VIOLENCE
    • IN THE LAW
      • HIGH COURT
      • SUPREME COURT
      • OTHER COURTS
    • IN THE SOCIAL
      • GENDER STORIES
      • BLOGS
    • HIS STORY
      • SPEAK UP MEN
      • SUCCESS STORY
    • NON TIER-I CITIES
    • Donate To Us (80G Eligible)
    • वौइस् फॉर मेंन हिंदी

    © 2019 Voice For Men India