High court acquits man convicted of 3-year-old daughter’s murder

In a significant ruling, the Punjab and Haryana High Court has acquitted a man convicted and sentenced to life imprisonment for the murder of his three-year-old daughter. The Bench of Justice Sureshwar Thakur and Justice Vikas Suri set aside his conviction under Section 302 of the IPC after concluding that he was legally insane at the time of the offence.

The ruling came as the Bench referred to the principle enshrined under Section 84 of the IPC, which exonerates individuals incapable of understanding the nature of their actions due to mental illness. The judgment is significant as it underscores that criminal liability is contingent upon mens rea or criminal intent – the mental state necessary to commit a crime.

The Bench observed that the fundamental requirement of criminal intent was not met if an accused suffered from severe mental disorder that impaired his ability to distinguish right from wrong. Relying on extensive psychiatric testimony, the court ruled that the accused was unable to comprehend the nature and consequences of his actions at the time of the incident, thereby fulfilling the legal criteria for insanity defence.

The matter was placed before the Bench after the father was convicted by Panchkula Sessions Court for the murder and sentenced to life imprisonment along with Rs 5,000 fine. The prosecution had initially accused him of murder and sexual assault. But the trial court convicted him only for murder.

The prosecution’s story was that the incident took place on November 15, 2011. His wife witnessed him strangling their daughter despite her attempts to intervene. He reportedly claimed that the child was a witch, who would harm their son. He then struck her with a griddle, causing fatal injuries. When some neighbors intervened, he fled the scene.

The defence argued that the accused suffered from severe mental illness and invoked Section 84, exempting from criminal liability those incapable of understanding the nature of their actions due to unsoundness of mind. The defence produced testimonies and medical records that highlighted the accused had been suffering from delusions and hallucinations for over two years.

He believed that a goddess had commanded him to eliminate evil. Instead of seeking medical treatment, he was taken to a “tantric” for spiritual healing. Psychiatric evaluations confirmed auditory hallucinations and paranoid behaviour.

A psychiatrist testified that the accused was suffering from psychotic episodes and lacked awareness of his actions. He was placed in a psychiatric ward following his arrest.

After considering the legal principles governing the insanity defence, the high court ruled in favour of the accused. The Bench asserted prolonged mental illness negated the presence of mens rea. Psychiatric evaluations and witness testimonies supported the defence’s claim that he did not comprehend the nature and consequences of his actions. The prosecution failed to present conclusive evidence. The court set aside the conviction and acquitted him under Section 84. Instead of sending him to prison, the court directed his transfer to a mental health facility for further treatment.