31 Oct 2023 5:24 AM GMT
Recently, the Supreme Court, in a noteworthy judgment, while acquitting a woman accused of killing her own child and was convicted for murder and sentenced to life imprisonment, also decided the question of what may be required of the convict in her statement under Section 313 Code of Criminal Procedure (Cr.P.C).
Citing extensive thread of precedents, the Top Court penned down the following principles.
It may be noted that, in the instant case, the case of the prosecution was that the convict (appellant) had relations with a co-villager, namely, Baiga Gond, as a result of which she conceived a child. She, upon giving birth, allegedly killed this child and threw the corpse into a dabri (small water bodypond).
In the Section 313 CrPC statement, the accused had admitted that she was pregnant. Since the accused was living alone, the trial court made further inferences from her admission of pregnancy and proceeded to hold her guilty of the murder of the child.
The Supreme Court took a critical view of the approach taken by the trial court, which was affirmed by the High Court.
In the context of Section 313 of the Code of Criminal Procedure, the Court said : "Although there is a requirement by law to disclose the aspects required to adjudicate in a criminal matter such duty cannot unreasonably and unwarrantedly step over the fundamental right of privacy."
For more reading - Requirement For Disclosures In Criminal Trial Can't Step Over Right To Privacy : Supreme Court Acquits Woman Accused Of Killing Newborn
Case Details: INDRAKUNWAR V. THE STATE OF CHHATTISGARH, CRIMINAL APPEAL No.1730 OF 2012
Citation : 2023 LiveLaw (SC) 932
Click Here To Read/Download Judgment