By Tanishka Shah

The Kerala High Court has acquitted a woman previously convicted for the strangulation of her 1½-year-old son, overturning the trial court’s verdict on the grounds of insanity. The Court found that the accused suffered from severe mental health conditions at the time of the incident, rendering her incapable of understanding the consequences of her actions.

The case originated from the death of Alex, the younger child of the accused, on April 18, 2018. The appellant, a 39-year-old mother of two, lived with her husband, Joy. Her elder child was diagnosed with autism. On the day of the incident, while her husband was at work, the prosecution alleged that the appellant intentionally strangled Alex. However, her husband initially reported the death as an accidental fall from a cot. A medical examination later confirmed that the cause of death was strangulation.

The Additional Sessions Court in Thodupuzha convicted the appellant under Section 302 of the Indian Penal Code (IPC) based on circumstantial evidence, including her alleged confession and medical findings. She subsequently appealed to the High Court, arguing that she was suffering from severe psychiatric conditions, as evidenced by expert medical testimony. The medical report established that she had a history of psychosis, hallucinations, and suicidal tendencies, further demonstrated by her attempted suicide two days after the incident. Despite this, the trial court had rejected her insanity plea for lack of sufficient evidence under Section 84 of the IPC.

The High Court reviewed her psychiatric history and found that she had been undergoing treatment for mental illness since 2007, both before and after the incident. It concluded that her condition impaired her cognitive faculties, preventing her from understanding the nature and consequences of her actions.

Criticizing the investigation, the Court highlighted that the Investigating Officer failed to conduct a medical examination of the accused despite clear indications of mental illness. It held that such omissions resulted in a flawed charge sheet. The Court observed:

“The filing of the charge sheet by the Investigating Officer, without ascertaining the mental state of the accused, reflects a dishonest approach, rendering the charge sheet defective due to the lack of investigation into this critical aspect. It can be reasonably inferred that the deliberate suppression of an investigation into the accused’s mental state was aimed at securing a conviction, even though the acts, when considered alongside Section 84 of the IPC, may not constitute an offence.”

The judgment also emphasized the importance of scientific investigation and welcomed the introduction of technological integration under the Bharatiya Nagarik Suraksha Sanhita, 2023, to enhance transparency and efficiency in criminal proceedings. The Court recommended the establishment of a centralized knowledge repository for police officers to stay updated on legal developments, forensic advancements, and best investigative practices.

Given these findings, the High Court set aside the appellant’s conviction, allowing the appeal and acquitting her of the charges under Section 302 IPC.

Case Details:

Case Title: Rollymol v State of Kerala
Citation: CRL.A NO. 964 OF 2020

[Click here to read/download the judgment]