Circumstantial Evidence Insufficient for Infanticide Conviction; Kerala High Court Acquits Mother in IPC S.302 Case

Kerala High Court Acquits Woman in Infanticide Case: Lack of Conclusive Evidence Leads to Overturn of Life Sentence

Ernakulam, Kerala – In a significant judgment delivered on Tuesday, March 25, 2025, a division bench of the Kerala High Court, comprising Justices Raja Vijayaraghavan V and P. V. Balakrishnan, overturned a life sentence imposed by a Palakkad Special Court under the POCSO Act. The case, Ramatha v. State of Kerala , involved a woman, Ramatha , who was convicted of infanticide under Section 302 of the Indian Penal Code (IPC) for allegedly throwing her newborn baby into a canal.

Case Background: From Conviction to Appeal

Ramatha was accused of murdering her five-day-old baby boy in January 2015. The prosecution alleged that she, embarrassed by becoming pregnant after her daughter's marriage, threw the child into the Kambalathara Canal shortly after being discharged from the hospital. The trial court, relying on circumstantial evidence and DNA analysis, found her guilty and sentenced her to life imprisonment. Ramatha appealed this judgment, challenging the adequacy and admissibility of the evidence against her.

Arguments on Appeal: Chain of Circumstances and Confessional Statement

Appearing for Ramatha , Advocate R.O. Mohammed Shemeem argued that the prosecution failed to establish a complete chain of circumstances to prove her guilt beyond reasonable doubt. He highlighted inconsistencies and gaps in the investigation, particularly the lack of inquiry into the husband's role and the failure to examine witnesses who could have corroborated the prosecution's timeline. A key contention was the reliance on an alleged confessional statement to the investigating officer, arguing it was inadmissible under Section 27 of the Evidence Act as it was not properly recorded or proven.

The prosecution, represented by Senior Public Prosecutor Smt. Neema T.V., maintained that the established facts, including DNA evidence confirming Ramatha as the mother and the discovery of the body shortly after her discharge, were sufficient to prove her guilt. They invoked Section 106 of the Evidence Act, arguing that the burden shifted to Ramatha to explain the circumstances of the child's death, given that the facts were especially within her knowledge.

Court's Analysis: Scrutinizing Evidence and Legal Principles

The High Court meticulously examined the evidence presented by the prosecution, noting the circumstantial nature of the case. Justice Vijayaraghavan , writing the judgment, emphasized the established legal principle regarding circumstantial evidence:

> "where the evidence is circumstantial, the circumstances from which the conclusion of guilt is to be drawn should in the first instance be fully established, and all the facts so established should be consistent only with the hypothesis of the guilt of the accused... there must be a chain of circumstances so far complete as not to leave any reasonable ground for a conclusion consistent with the innocence of the accused."

The court found critical deficiencies in the prosecution's case. Regarding the alleged confession and the discovery of the location where the child was thrown, the judgment cited several precedents emphasizing the need for precise recording and proof of disclosure statements under Section 27 of the Evidence Act, including Mohd. Inayatullah v. State of Maharashtra and Ramanand alias Nandlal Bharti Vs. State of Uttar Pradesh . The court noted that the investigating officer failed to record the exact words of the alleged confession, rendering it unreliable.

Furthermore, the court rejected the prosecution's reliance on Section 106 of the Evidence Act to shift the burden of proof. Referring to Shambu Nath Mehra v. State of Ajmer and State of W.B v. Mir Mohd. Omar , the court clarified that Section 106 is not intended to relieve the prosecution of its primary burden to prove guilt beyond reasonable doubt. The judgment stated:

> "in the absence of positive evidence to establish that the child was in the custody of the appellant at the time of her discharge from the hospital... it cannot be said that the prosecution has succeeded in proving facts for which a reasonable inference can be drawn that the offence has been committed by the appellant and the appellant alone."

The court also noted the trial court's failure to comply with Rule 131 of the Criminal Rules of Practice, Kerala, 1982, which mandates a reference to the Government in cases of women convicted for infanticide, to consider sentence reduction.

Verdict: Acquittal and Implications

Ultimately, the Kerala High Court concluded that the prosecution failed to establish a complete chain of incriminating circumstances pointing unequivocally to Ramatha 's guilt. The bench allowed the appeal, setting aside the conviction and life sentence, and acquitting Ramatha of all charges. The judgment underscores the importance of rigorous investigation and the prosecution's unwavering burden to prove guilt beyond reasonable doubt, even in emotionally charged cases like infanticide, especially when relying on circumstantial evidence. The case serves as a reminder of the judiciary's role in safeguarding individual liberty and upholding the principles of fair trial. ```