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The high court noted that the statement of the 4-year-old son under Section 164 of the CrPC specifically stated during the investigation that his mother had killed the minor girl child
The Bombay High Court has recently denied bail to a woman who was booked for strangulating her 1-year-old daughter.
A single judge bench of the high court, comprising Justice Manish Pitale, was hearing a bail application filed by the woman, who was arrested on September 26, 2018, in an FIR registered under Sections 302 and 201 of the IPC.
Advocate Chandni Chawla, appearing for the applicant, submitted that there is only one purported eyewitness, the applicant's son, who was only four years old at the relevant time.
Advocate Chandni Chawla added that having undergone five years and ten months of incarceration and with charges not yet framed, the court might consider granting bail to the applicant with appropriate conditions.
Additional Public Prosecutor Bapu V. Holambe, appearing for the state, submitted that there is sufficient material on record indicating the direct involvement of the applicant in strangulating her daughter, who was about one year and twenty days old at the time of the incident.
Holambe argued that the statement of the eyewitness and the surrounding circumstances, as borne out by the statements of other witnesses, clearly indicate the applicant's involvement.
The high court noted that the statement of the 4-year-old son under Section 164 of the CrPC specifically stated during the investigation that his mother had killed the minor girl child.
The bench also stated that the husband, in his statement, said that the mother had confessed in his presence and the presence of other witnesses about causing the death of the minor girl child.
Therefore, the high court denied bail to the woman. However, the court directed the trial court to frame charges within six weeks and complete the trial within nine months.
Case title: Pooja Nankan Prasad vs State of Maharashtra
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