6 February 2008 The Hindu
They had administered poison to their girl child in August 2001 They buried the body near their house
Prosecution provides clinching evidence
Prosecution provides clinching evidence
The Madras High Court has confirmed the life imprisonment awarded to a couple, which had administered ‘madar’ (erukkam) poison to their newborn girl baby.
Lamenting the wide prevalence of infanticide, a Division Bench comprising Justice D. Murugesan and Justice V. Periya Karuppiah said the offence committed by Anjala and Gopal of Namakkal district did not deserve any lesser punishment.
The couple administered ‘madar’ poison to the newborn in August 2001, as it was their third girl child.
They buried the baby near their house. It came to light after the village administrative officer lodged a complaint nearly a week after the incident. The body was exhumed and the post-mortem conducted in the presence of the Tiruchengode tahsildar.
The offence was conclusively proved by a forensic examination. The Namakkal Fast Track Court sentenced the couple to life in 2005, holding them guilty of murder.
Relying on clinching circumstantial evidence, the Judges noted that the claim that Anjala did not conceive was strong evidence in support of the prosecution case. Secondly, the accused had buried the child near their house, that too without informing any villager.
Additional evidence
The conduct is also additional evidence to the prosecution case, the Judges said.
Referring to the opinion of the forensic expert, the Judges said there was absolutely no evidence to dispute the findings. They added that the evidence of an expert was admissible under Section 45 of the Evidence Act.
The Bench also referred to the submissions of other witnesses such as the village health nurse and neighbours.Before directing the Fast Track Court to take steps to secure the parents to serve the remaining period of sentence, the Bench observed, “It is unfortunate that for one reason or the other, the practice of female infanticide still prevails…A child, being supremely important national asset, should be nurtured. This is more so in the case of a female child.”
http://www.hindu.com/2008/02/06/stories/2008020654410100.htm
Lamenting the wide prevalence of infanticide, a Division Bench comprising Justice D. Murugesan and Justice V. Periya Karuppiah said the offence committed by Anjala and Gopal of Namakkal district did not deserve any lesser punishment.
The couple administered ‘madar’ poison to the newborn in August 2001, as it was their third girl child.
They buried the baby near their house. It came to light after the village administrative officer lodged a complaint nearly a week after the incident. The body was exhumed and the post-mortem conducted in the presence of the Tiruchengode tahsildar.
The offence was conclusively proved by a forensic examination. The Namakkal Fast Track Court sentenced the couple to life in 2005, holding them guilty of murder.
Relying on clinching circumstantial evidence, the Judges noted that the claim that Anjala did not conceive was strong evidence in support of the prosecution case. Secondly, the accused had buried the child near their house, that too without informing any villager.
Additional evidence
The conduct is also additional evidence to the prosecution case, the Judges said.
Referring to the opinion of the forensic expert, the Judges said there was absolutely no evidence to dispute the findings. They added that the evidence of an expert was admissible under Section 45 of the Evidence Act.
The Bench also referred to the submissions of other witnesses such as the village health nurse and neighbours.Before directing the Fast Track Court to take steps to secure the parents to serve the remaining period of sentence, the Bench observed, “It is unfortunate that for one reason or the other, the practice of female infanticide still prevails…A child, being supremely important national asset, should be nurtured. This is more so in the case of a female child.”
http://www.hindu.com/2008/02/06/stories/2008020654410100.htm
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