Judgement

JUDGMENT - Vindu Lachmandas, the respondent before us, was charged under Ss. 364 and 302/34 of the Indian Penal Code for the kidnapping and murder of six years old child named Nita. Her husband Lachmandas was also charged under S. 302/34, IPC. The trial Court acquitted the husband but convicted the respondent under S. 302 and sentenced her to life imprisonment. She was also convicted under S. 364, IPC and sentenced to 7 years rigorous imprisonment. Two appeals were filed before the High Court. The State appealed against the acquittal of the husband whereas the wife filed appeal against her conviction and sentence. The High Court dismissed the State appeal. The appeal filed by the respondent was allowed and she was acquitted of both the charges. This is State appeal against acquittal of the wife.

2. We have heard learned counsel for the parties. There is no direct evidence in this case. The prosecution relied upon various circumstances to prove the involvement of the respondent as well as her husband in the case. The High Court has examined each of the circumstances in detail and has come to the conclusion that the case against the respondent was not proved beyond reasonabl