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The high court in its order noted that the applicant's appeal was not likely to be heard immediately. Further, it noted that the prosecution had not presented a Section 65B certificate on record. The mother was convicted under Sections 302 and 317 of the Indian Penal Code.
The division bench of the Bombay High Court, headed by Justice Revati Mohite Dere and Justice Gauri Godse, recently granted bail to a woman who had been convicted of throwing her baby girl out of the window at KEM Hospital, following the birth of twins, one of whom was a boy. The bail was granted pending appeal.
The mother was convicted by the Sessions Court and sentenced to life imprisonment under Sections 302 and 317 of the Indian Penal Code for throwing her baby girl out of the hospital window after giving birth to twins.
The applicant, represented by Advocate PV Vare, appealed the conviction, arguing that the prosecution's case relied solely on circumstantial evidence, particularly an extra-judicial confession.
The defence highlighted the absence of CCTV footage and the lack of a Section 65B certificate to authenticate it.
The applicant also claimed that she had raised an alarm about her child being stolen, and the child was later found behind the hospital building with one ear missing, allegedly eaten by rats.
Upon granting bail pending the appeal, the bench noted that the prosecution had not presented a Section 65B certificate on record.
"Prima facie, an extra judicial confession is the only circumstance against the applicant. Admittedly, the prosecution has not placed on record the Section 65 B certificate nor has the CCTV footage, been proved by the prosecution," the bench recorded
In addition to the above observations, the bench also took note that the mother had not misused the conditions of her bail during the period she was released on bail.
"It is also not in dispute that whilst on bail, the applicant has not abused or misused the liberty granted to her. The Applicant’s Appeal is admitted on 12th January 2023 and the same is not likely to be heard immediately. Considering what is stated aforesaid, the application is allowed and the applicant’s sentence is suspended and she is enlarged on bail," the court noted.
Case title: Dipika Manish Parmar vs State of Maharashtra
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