Chandigarh, September 20, 2023- In a significant legal development, the Punjab & Haryana High Court has granted bail to a woman accused of allegedly killing her 9-year-old daughter, casting doubt on the prosecution’s narrative that she murdered her child for a mere sum of Rs. 90,000 from a life insurance policy.
Justice Sandeep Moudgil, while delivering the ruling, emphasized the fundamental principle that “bail is a rule and jail is an exception” and underscored the sanctity of Article 21, which enshrines the right to life. He pointed out that the prosecution’s version of events failed to inspire confidence within the court.
The accused mother had been booked under Section 302, 120-B, 182, and 34 of the Indian Penal Code (IPC) following the filing of a First Information Report (FIR) initiated based on information provided by one H.C. Jatinder Singh regarding the tragic death of a nine-year-old girl. The post-mortem report indicated asphyxiation resulting from smothering as the cause of death, classified as non-natural and sufficient to cause death in ordinary circumstances.
According to the prosecution, the mother and her second husband conspired to kill the child for a life insurance policy worth Rs. 90,000, using a ‘chunni’ to commit the act. However, the petitioner’s counsel vehemently argued against these charges, citing the implausibility of a mother taking her own child’s life and the absence of substantial incriminating evidence.
Furthermore, the petitioner had been in custody for over two years, with the trial proceedings nearing completion, and possessed a clean criminal record, making the accusations appear dubious.
The Court’s decision also took into account the fact that the petitioner was the biological mother of the deceased and had another minor child aged 6 years. Additionally, questions raised regarding the Forensic Science Laboratory (FSL) report and the absence of crucial fingerprint and saliva evidence from the accused added weight to the decision.
In light of these considerations, the Punjab & Haryana High Court granted bail to the petitioner. However, the Court made it clear that this decision did not signify an opinion on the merits of the case, leaving the final judgment to the trial court.
Written by- Abdullah khan, College name – USLLS, 3rd semester as an intern under Legal Vidhiya
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