The Karnataka High Court has overturned a Sessions Court decision that sentenced a Andhra Pradesh woman who killed her two-month-old daughter to life in prison.
On July 22, 2017, the fourth Additional District and Sessions Judge of Madhugiri in Tumkur District sentenced Kavita from Madakashira, Sri Satyasai district of Andhra Pradesh, to life imprisonment under Section 302 (punishment for murder) of the Indian Penal Code. Murder.
Kavitha and her husband Manjunatha had come to Koratagere Hospital in Tumkur, Karnataka to treat their child suffering from respiratory distress and epilepsy. Even Kavita could not breastfeed her baby. Manjunatha had complained to the local police that Kavita had thrown the child into the Suvarnamukhi River on the outskirts of the town on the 24th of 2016.
The investigation and trial led to her conviction in 2017 by the trial court. A total of 15 witnesses and 16 documents were used to get the prosecution guilty. However, the High Court divisional bench comprising Justice K Somashekhar and Justice Sivashankar Amarnanavar approved the woman’s appeal earlier this month, overturning the sentence, acquitting her and acquitting her.
“In the instant case, the importance of the corroboration of the evidence facilitated by the prosecution must be positive, cogent, consistent and probable that the accused committed the murder of the deceased,” the High Court decision said.
However, “In the instant case, although the prosecution has examined PW.1 to PW.15, no valuable evidence has been provided by the prosecution to ensure the conviction of the accused under section 302 of the Indian Penal Code,” it said.