Summary
A mother convicted of murdering her newborn daughter was acquitted on benefit of doubt. The circumstantial chain was incomplete, the alleged motive based on the child’s sex lacked evidence, and the infant’s condition from birth and the mother’s drug-induced drowsiness had not been adequately considered. The post-mortem opinion alone did not establish the mother’s guilt on the whole record.
Issues
- Whether the circumstantial evidence proved the mother caused the newborn’s death beyond reasonable doubt.
Held
- Conviction resting solely on circumstances requires an established chain. The courts below presumed a motive from the infant’s sex without supporting evidence; family evidence instead indicated that a daughter had been wanted. (¶¶ 9, 10)
- The infant had been in an incubator on oxygen, with evidence of no crying or eye-opening after birth. None of the doctors on duty at delivery was examined, the mother was sleepy from medication and the record contained unexplained delays. The Court considered natural death a possibility on the totality of evidence despite the post-mortem opinion. (¶¶ 9, 10)
- The evidence did not safely establish the appellant’s guilt beyond reasonable doubt, entitling her to acquittal rather than a conviction founded on presumptions. (¶¶ 10, 11)
Result
Criminal appeal allowed. Trial and High Court judgments set aside and the appellant acquitted of the Section 302 IPC charge on benefit of doubt. Her bail bonds stood cancelled.