Bengaluru(PTI): The Karnataka High Court has set aside a sessions court order of life sentence on a woman from Andhra Pradesh who allegedly killed her two-month-old daughter, and ordered her release from prison.
The Fourth Additional District and Sessions Judge, Madhugiri in Tumakuru district on July 22, 2017, convicted Kavitha, from Madakasira in Sri Sathyasai district of Andhra Pradesh, under Section 302 (punishment for murder) of the Indian Penal Code, to undergo life imprisonment for murder.
Kavitha and her husband Manjunatha had come to a hospital in Koratagere, Tumakuru, Karnataka to treat their child suffering from respiratory problems and epilepsy. Kavitha was also unable to feed her baby.
Manjunatha complained to the local police that Kavitha threw the baby in the Suvarnamukhi river on the outskirts of the town on August 24, 2016. The investigation and trial led to her conviction by the trial court in 2017.
A total of 15 witnesses and 16 documents were used by the prosecution to get the conviction.
However, the division bench of the High Court comprising Justice K Somashekar and Justice Shivashankar Amarannavar earlier this month allowed the woman's appeal, set aside the conviction, acquitted her and also ordered her release.
"In the instant case, the importance of corroboration of the evidence which was facilitated by the prosecution, it must be positive, cogent, consistent and probabalized that the accused had committed the murder of the deceased," the HC said in the judgement.
However, "in the instant case, though the prosecution subjected examination of PW.1 to PW.15, but no worthwhile evidence has been facilitated by the prosecution for securing the conviction of the accused for the offence under Section 302 of Indian Penal Code," it stated.
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New Delhi (PTI): The Supreme Court has voiced grave concern over rising cases of child trafficking, saying gangs are operating across the country and if States and Union territories do not take immediate action, thing will go beyond control.
The court said only the state government and its home department can act vigilantly in this regard.
“As a court we can monitor, but ultimately the action has to be on the part of the state government, the police, and other agencies. Therefore, this is our humble request”, a bench comprising Justices JB Pardiwala and K V Viswanathan said during the hearing of a plea on Wednesday.
The bench was irked over the "lackadaisical" approach of several states and UTs in implementing a 2025 judgment aimed at dismantling organised trafficking networks.
Justice Viswanathan said the retrieval of children in some cases proves the problem can be tackled, but it requires a level of political and administrative will which is lacking at present.
The verdict, delivered on April 15, 2025, had mandated several institutional reforms, including completion of trials in trafficking cases within six months on a day-to-day basis.
It had also directed strengthening of Anti-Human Trafficking Units (AHTUs) and improving investigation standards.
Besides asking for setting up of state-level committees to monitor vulnerable trafficking hotspots, it had asked the authorities to treat missing children cases as trafficking unless proven otherwise.
Earlier, the bench had termed the compliance reports filed by a few states as "nothing but an eye wash."
On Wednesday, the bench noted that Madhya Pradesh, Goa, Haryana, Lakshadweep, Mizoram, Odisha, and Punjab had still failed to file reports in the prescribed format.
When the home secretary of Madhya Pradesh offered an apology for the lapse, the bench granted a "final opportunity" but warned that continued failure would lead to states being officially branded as "defaulting".
The bench noted that at least 15 states are yet to constitute review committees mandated to identify and monitor trafficking-prone areas.
The matter will now be heard on April 29.
