VASANTHI Vs. STATE, REP BY INSPECTOR OF POLICE

JUDGEMENT

(1.) There is an old saying in Tamil; "Not everything that is white is milk". The juice of "Madar Plant" [calotropis - ] is as white as "Mother's Milk". But, "Madar" cannot be like a "mother". It is heart rending, in the instant case, instead of "Mother's Milk", "Madar Juice" was fed to an infant, for having been born as a female. She breathed her last in about 48 hours of her descending in this world. This is not an isolated incident of female infanticide. There are reports that this practice was prevalent in some areas of this State. Poverty, ignorance, cost of dowry etc., are obviously the main driving factors for this heinous crime. The Government, NGOs and several other organizations have taken several steps to eradicate this evil practice. But, the instant case shows that the merciless practice still persists. It happened in a village near Usilampatti in Theni District, on 02.08.2003. The Appellant is the poor mother of the unfortunate child. The appellant - Mrs. Vasanthi in Crl. A. (MD). No. 267 of 2005 is the sole accused in S.C. No. 400 of 2004, on the file of the learned Sessions Judge, Magalir, Neethimandram, Madurai. She stood charged for offences under Sections 302 and 201 of the Indian Penal Code. The Trial Court, by Judgment dated 27.05.2005, convicted her under both the charges. For the offence, under Section 302 of the Indian Penal Code, strangely and shockingly, the Trial Court sentenced her to undergo Rigorous Imprisonment for a period of three years and to pay a fine of Rs. 500/- in default, to undergo rigorous imprisonment for one year and for the offence, under Section 201 of the Indian Penal Code, the Trial Court sentenced her to undergo Rigorous Imprisonment for a period of one year and to pay a fine of Rs. 500, in default to undergo Rigorous Imprisonment for three months. Challenging the said conviction and sentence, the accused is before this Court with Crl. A (MD). No. 267 of 2005.

(2.) Aggrieved over the quantum of sentence, the State has come up with Crl. A (MD). No. 622 of 2005. That is how, both the Criminal Appeals are before this Division Bench for disposal.

(3.) The case of the prosecution, in brief, is as follows:-