SC acquits woman accused of killing her newborn child, says no conclusive proof against her
New Delhi (PTI): The Supreme Court has acquitted a woman convicted by a trial court for killing her newborn child whom she had allegedly conceived following her physical relations with a co-villager, saying there was no conclusive proof to establish her guilt.
The top court said sentencing someone to life imprisonment requires due appreciation of evidence, and it cannot be done mechanically and in a perfunctory manner.
A bench of Justices Abhay S Oka and Sanjay Karol said thrusting upon a woman the guilt of having killed a child without any proper evidence, simply because she was living alone in a village, reinforces the cultural stereotypes and gendered identities.
"The right to privacy is inviolable. Unfortunately, the view taken and the language adopted by both the courts below lays to waste such a right inherent in the convict-appellant. It is apparent that the guilt has been placed on her without any solid foundation thereto since no relationship of any nature whatsoever could be established between her and the deceased child discovered in the dabri.
"The conclusion drawn is simply on the basis that the convict-appellant was a woman living alone and had been pregnant (as admitted in the statement under section 313, CrPC," the top court said.
It added that it is entirely within the realm of a woman's privacy to decide whether or not to bear a child or abort her pregnancy within the framework of law.
"It is a matter of record that none of the witnesses has seen the convict-appellant throwing the deceased child into the dabri. As hitherto observed, no conclusive proof, of any nature, of relationship had been put forth by the prosecution, no evidence has been led to cast doubt upon the version of the convict.
"The statement of the doctor is silent on the death of the deceased having occurred prior to or after birth, although in examination-in-chief, the doctor has deposed that the death of the deceased child was homicidal in nature. However, in the cross-examination, it is admitted that such a fact does not form part of the record, thereby calling into question the conclusion itself as it is a vital piece of
information that has been omitted," the apex court observed.
It said having considered the gaps in the prosecution's case, it cannot agree with the courts below that the circumstances conclusively point to the guilt of the convict.
"Given the foregoing discussion, we find the conviction recorded against the convict-appellant to be entirely based on mere presumption, with the actual evidence on record failing to establish the prosecution case much less beyond a reasonable doubt.
"We are constrained to observe that the high court has confirmed the view of the trial court awarding life imprisonment without supplying any cogent reasons," the bench said.
The top court was hearing a plea filed by the woman, challenging a 2010 order of the Chhattisgarh High Court that upheld her conviction and life sentence.
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Hospital wall collapse: CM orders suspension of executive engineer; kin of victims get solatium
Bengaluru (PTI): Karnataka Chief Minister Siddaramaiah on Thursday ordered the immediate suspension of an executive engineer for the Bowring and Lady Curzon Hospital wall collapse that claimed the lives of seven people, during a high-level review meeting at Vidhana Soudha.
A compensation of Rs 5 lakh, as announced by the CM Siddaramaiah, was distributed to the families of seven victims who lost their lives in the tragedy on Wednesday evening, which occurred due to heavy downpour with gusty winds and hailstorm.
The meeting of municipal commissioners of the five corporations, chaired by the chief minister and attended by Deputy Chief Minister D K Shivakumar, focused on fixing accountability and examining lapses that led to the tragedy.
"Why was soil dumped in a way that damaged the wall? Why did you not monitor this?" Siddaramaiah asked, pulling up hospital authorities during the meeting.
A statement from the chief minister's office said that the CM ordered the immediate suspension of the executive engineer of the Karnataka Health Systems Development Project (KHSDP).
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He also questioned the hospital authorities, asking why they failed to monitor the dumping of soil that weakened the structure.
The chief minister directed that a notice be issued to the head of the Hospital.
During the meeting, Siddaramaiah said the rains had caused extensive damage in the city, with over 250 trees uprooted.
The Chief Minister instructed officials to take necessary measures before the onset of the monsoon to avoid untoward incidents.
Commissioners of all five municipal zones in Bengaluru have been asked to take precautionary steps, including trimming dry and dangerous tree branches, the CMO said.
Siddaramaiah also directed them to get the silt cleared from stormwater drains to prevent flooding, and that immediate action be taken to remove debris and fallen branches from roads.
Further, he instructed that barricades be placed at underpasses where water stagnates and restricts public movement.
The Greater Bengaluru Authority (GBA) Chief Commissioner M Maheshwar Rao said in a statement that Shivajinagar MLA Rizwan Arshad distributed compensation cheques of Rs 5 lakh each to the families of the deceased on Thursday.
Seven people, including a six-year-old girl, were killed and seven others injured when the compound wall collapsed amid heavy rain, strong winds and a hailstorm on Wednesday evening.
Police said the victims, comprising three from Bengaluru, two from Kerala on a study tour and one each from Uttar Pradesh and Assam, had taken shelter near the wall when it suddenly gave way, trapping them under the debris.
The chief minister questioned officials over the dumping of soil near the wall despite knowing it could weaken the structure, and directed that a notice be issued to the head of Bowring Hospital.
Siddaramaiah, who had visited the spot soon after the incident along with senior officials, reviewed the situation and ordered a detailed probe into the collapse.
