Karnataka High Court Acquits Woman Accused Of Murdering Her Two Months Old Child By Throwing In River
Case: Kavitha v. State of Karnataka
Coram: Justices KS Somashekar and Shivashankar Amarannavar
Case No.: Criminal Appeal No.1372 Of 2017
Court Observation: “In the instant case, the Trial Court has given more credentiality to the evidence of PW.3 (child’s doctor), PW.14 (doctor who conducted autopsy) and PW.15 (Investigating Officer).”
“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. But in the instant case, Kavitha who is none other than the mother of the deceased baby aged two months, though the prosecution in their case put on trial of this accused, 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, 1860.”
“Therefore, in this appeal it requires intervention. If not intervened by re-appreciation of evidence and also revisiting judgment of conviction and order of sentence, certainly there shall be some substantial miscarriage of justice to the accused, who is gravamen of the accusations.”
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Keywords
Karnataka High Court, Acquits Woman Accused
