Title: Prathibha v. State of Kerala
Decided on: 22 November, 2023
+ Criminal Appeal Nos.277 & 676 of 2019
CORAM: HON’BLE Justice P.B. Suresh Kumar
Introduction
The Kerala High Court considered whether it was appropriate to convict someone of culpable homicide under section 299 IPC if the baby’s body was thrown into the water despite being thought to be dead.
Facts of the Case
It was alleged that on October 10, 2015, the parents of the six-month-old daughter, the accused 1 and 2, had injured the child’s head and thrown the child’s body into the sea. October 16, 2015, the infant’s body was discovered in the ocean. The third accused was found guilty by the Sessions Court of helping the parents dispose of the body after they were found guilty of murder. Accused 1 and 2 have chosen to file an appeal with the High Court challenging their murder conviction.
Courts analysis and decision
The Court pointed out that the parents were only charged with disposing of the body in the sea, not with causing head injuries. The appellants’ submission, according to which they disposed of the body in the water in accordance with their burial ritual since they thought the infant was dead, was noted by the court. The Court also reviewed the witness statements and concluded that they raised suspicions that the child had been physically abused by someone; nevertheless, it pointed out that this did not establish the abuse was the result of the parents’ actions. It also noted the behaviour of the appellant mother, who brought the kid to the hospital for treatment of a hand injury. According to the social worker’s testimony, the appellant mother was discovered crying while holding the baby at the hospital. The prosecution failed to present any evidence that would have allowed the court to conclude that the parents knew the child was alive when the body was being disposed of in the water, the court noted. The Court further decided that Section 299 IPC is covered by the subtitle “of offences affecting life” and Chapter XVI, which are both captioned “of offences affecting the human body.” It was stated that the clause could not apply to the current situation because the parents did not want to kill the child or cause them any bodily harm, nor did they know that their actions would result in the infant’s death. According to the ruling, activities done on a baby that are performed with the belief that the child is dead are exempt from section 299 IPC. In light of this, the Court cleared the parents and overturned their conviction under Sections 302, 201, read with Section 34 IPC.
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Written by- Hargunn Kaur Makhija
