Supreme Court · 2023 INSC 151 · Decided 22 February 2023

Vahitha v. State of Tamil Nadu

Court
Supreme Court of India
Citation
2023 INSC 151 · [2023] 3 S.C.R. 942
Case number
CRIMINAL APPEAL No. 762/2012
Decided
22 February 2023
Bench
DINESH MAHESHWARI, BELA M. TRIVEDI (2-judge bench)
Outcome
Dismissed
Case type
Criminal
Acts & sections cited
IPC Section 302; CrPC Section 313; Evidence Act Section 106

Headnote

Penal Code, 1860 - s.302 - Conviction under - Strangulation of child - Prosecution case that appellant strangulated her five year old child to death while PW-1 (mother-in-law of appellant) had gone out of the house - As per the FIR, when PW-1 came back she saw the appellant tie the outer end of her saree tightly around the neck of the child - During her testimony PW-1 stated that she found the appellant sitting silently next to the deceased child when she came back to the house - Upon hearing PW-1 shout; daughters of PW-1 i.e. PW-2

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