Court sympathy for unwed mother who killed her child


New Delhi, Apr 1 (PTI): An unwed mother, who had thrown her newborn boy from the third floor of her flat onto the road below leading to the infant's death, has been sentenced by a Delhi court to a jail term of four years already undergone during the trial period.

The court diluted the charge of murder and convicted the Delhi-based girl for culpable homicide not amounting to murder, saying the likely intention to cause the infant's death was not ruled out.

"The accused (girl) is victim of circumstances and has no intention of committing the murder of infant before his birth and on the spur of the moment in disturbed mental state she had thrown the said infant resulting in his death.

"As the entire act was committed on the spur of the moment, thus the accused is not liable to offence of murder. However, the likely intention to cause death of the infant is not ruled out...Hence, the accused is liable for commission of offence u/s 304 (1) (culpable homicide not amounting to murder) of IPC," Additional Sessions Judge Ajay Kumar Jain said.

The court sentenced the girl, who had been in judicial custody since November 2008, to the imprisonment already undergone during the trial period and imposed a fine of Rs 1,000 on her.

According to the police, the girl had thrown the boy just after his birth from the third floor balcony of the flat to the road below.

The girl, however, had said that the infant accidently slipped out of her hands and fell down leading to his death.

The court observed that life of the girl, who had given birth to a male child in the bathroom of the house where she was living along with two other girls, was "nothing but a tale of tragedy".

The girl was an orphan and was living in an orphanage in Bawana here and after she turned 18, she started living with two other girls in a rented accommodation. She had got into physical relations with a boy who was not traceable, the court said.

It said that the girl had delivered her child in November 2008 and had not got any assistance or help from anyone.

The police had arrested the girl in November 2008.

During the trial, the girl had said that when she was in pain, she had requested her room mates to take her to a hospital but none of them came to her help and she had deliver her child without any assistance in the bathroom.

According to the girl rpt girl, at the time of the delivery, she had felt extremely unwell. She tried to lift a piece of cloth to wrap the infant, but he accidentally slipped from her hands and fell down. She had become unconscious and regained consciousness when the police came to the spot.

The court, however, said the plea of the accused that the infant slipped from her hands does not appear to be "credible" and the only inference from the facts and circumstances was that she has thrown the infant from the balcony adjoining her rented room.

It said it would have been "a normal conduct" that if the infant got slipped, "the accused would have immediately told this fact to room mates or landlady but she opted to remain silent which is nothing but an unnatural behaviour (and it) indicates towards the fact that she had thrown the infant," the judge said.

The court also said the accused had not opted to abort the infant clearly indicates that she wanted to give birth and it could be inferred that her mind got changed just after the birth.

  

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Comment on this article

  • C K DAYANANDA, MANGALURU

    Tue, Apr 02 2013

    Judge Ajay Kumar Jain has given right judgement.

    People like him should replace Katju and Digvijay Singh.

    The Govt. should rehabilatate this unwed mother.

    DisAgree Agree [1] Reply Report Abuse

  • Maria,Moodbidri, Kuwait

    Tue, Apr 02 2013

    Instead of punishing and making her spend so many years in jail, the court should have ordered the police to search for the boy and punish him accordingly. Infact it the boy who made her to commit this crime by not stading with her in spite of being fathered her child.

    DisAgree Agree [3] Reply Report Abuse

  • Ivan, Mangalore/Dubai

    Tue, Apr 02 2013

    "when she was in pain, she had requested her room mates to take her to a hospital but none of them came to her help and she had deliver her child without any assistance in the bathroom"??? Those room mates are nothing less than inhuman Rapists.

    DisAgree Agree [18] Reply Report Abuse

  • Leslie fernandes, Brahmagiri, Udupi

    Mon, Apr 01 2013

    THIS IS A STELLAR PROOF THAT MERCY AND COMPASSION EXISTS BEHIND BLIND EYES OF THE BALANCE.
    THERE CAN BE NO LIFE WITHOUT FORGIVENESS.
    BLESSED ARE THOSE WHO ARE FORGIVEN, BUT EVEN MORE BLESSED ARE THOSE WHO FORGIVE UNDER MANY CIRCUMSTANCES.
    INDIAN COURTS ARE ONE OF THE MOST HUMAN IN THE ENTIRE WORLD.

    DisAgree Agree [10] Reply Report Abuse

  • Lydia Lobo, Kadri

    Mon, Apr 01 2013

    Does the court or the society as a whole have a right to punish the girl ? First of all, she is an orphan. Secondly, the boy who impregnated her is absconding. How will she survive in the society with a child ?

    True that killing a life is a crime but is burdening already fragile life with another burden is kindness ?

    I wish I had the power to release her from all her miseries and place in a loving environment that she deserves to be in. No - no court nor punishment is what she is entitled to.

    DisAgree [2] Agree [34] Reply Report Abuse

  • Veerappa. D . N, Madikeri

    Mon, Apr 01 2013

    In fact this orphan girl truly deserves sympathy and the Law should give possible concessions to this helpless girl who is duped by some unfaithful boy and treated inhumanely by her room-mates .
    This does not mean that Sanjay Dutt should be shown same sympathy by Law.

    DisAgree [1] Agree [37] Reply Report Abuse


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