MANJU Vs. STATE OF DELHI

JUDGEMENT

(1.) This criminal appeal is filed by the sole accused, aggrieved by the judgment dated 12th March 2010 passed in Criminal Appeal No.168 of 2010 by the High Court of Delhi at New Delhi, by which the appellant herein was convicted and sentenced to life imprisonment for the offence punishable under Section 302, IPC.

(2.) The appellant herein was admitted in the maternity Signature Not Verifiedward of the Lady Hardinge Medical College Hospital and delivered a baby girl around 12:30 in the afternoon on 24th August 2007. It is the case of the prosecution that as the new born was a baby girl, as such the appellant- mother has caused her death by strangulation after baby was handed over to her at 04:30 p.m. on the said date. On 26th August 2007 post-mortem was conducted on the dead body and the doctor opined that cause of death was asphyxia due to ante mortem strangulation. On 31st August 2007 a case was registered against the appellant for the offence under Section 302 IPC, for causing death of her new born baby. She was tried for the charge under Section 302 IPC by the court of Additional Sessions Judge, Fast Track Court, New Delhi. In her statement, she has not pleaded guilty and claimed trial, as such, she was tried in Sessions Case No.78 of 2009 by the Additional Sessions Judge, New Delhi. To prove the charge against the appellant, prosecution in all, has examined 23 witnesses. The evidence against the accused was put to her and her statement was recorded under Section 313, Cr.P.C. she has pleaded her innocence and deposed that she has been falsely implicated by the police in connivance with the hospital authorities, to shift the blame from doctors on duty.

(3.) The trial court, by judgment dated 19.12.2009, by recording a finding that prosecution has been able to prove complete chain of circumstances and proved its case beyond reasonable doubt, has held the appellant- accused is guilty for the commission of offence under Section 302 IPC and by order dated 22.12.2009 imposed the sentence of imprisonment for life and to pay a fine of Rs.2000/-.