Recently, Madras HC released a woman accused of attempting suicide and killing two daughters by poison, by giving benefit of Probation of Offenders Act.
The bench of Justice D. Bharatha Chakravarthy stated that the mother now realised that the female children are as good as male children and have the courage to face society or the family members.
In this case, the appellant was the mother of three children. When the third child was about 1 ½ months old, unable to bear the taunt of society that she was an unfortunate woman to bear an only female child.
She gave poison, to the second female child and the 1 ½ month-old baby and also consumed the same poison and attempted to commit suicide. However, the mother was rescued, and both the children died, unfortunately.
A case was registered under the provisions of Section 174 of the Code of Criminal Procedure and thereafter, was altered into one under Section 302 of the Indian Penal Code and Section 309 of the Indian Penal Code.
A criminal Appeal has been filed under Section 374(2) of Cr.P.C., to set aside the judgment passed by the Additional District and Sessions Judge.
The issue for consideration before the bench was:
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Whether the act of the appellant (mother) killing her daughters is punishable or not?
High Court stated that “The mother breaks down before the Court in pain and agony about the entire incident. She also represents that she had undergone a tubectomy. She now realised that the female children are as good as male children and have the courage to face society or the family members. She has given a solemn undertaking before the Court that she will bring both the female children in the best possible way by properly educating them.”
High Court opined that instead of sentencing the appellant, it would be appropriate and befitting to release the appellant under Section 4 of the Probation of Offenders Act, 1958.
In view of the above, High Court allowed the appeal.
Case Title: Sathiya v. State
Bench: Justice D. Bharatha Chakravarthy
Citation: Crl.A.No.718 of 2019