Kochi: The Kerala High Court has acquitted a woman convicted of smothering her 15-month-old infant in 2016, citing severe mental stress and her attempt to take her own life at the time.
The court referred to the provisions of the Mental Healthcare Act, which protects individuals from punishment under the IPC if they attempt suicide.
The Act, which came into effect in 2018, was held to have retrospective effect by the Kerala High Court, meaning it applied to the trial that began in 2021.
A bench of justices Raja Vijayaraghavan V and K V Jayakumar said the woman had attempted to commit suicide by consuming paracetamol tablets, inflicting injuries on her wrists, and writing a suicide note, indicating severe mental stress.
The court rejected the prosecution's contention that the statutory presumption under Section 115 of the Mental Healthcare Act would not apply since the accused was acquitted of the offence under section 309 of the IPC.
The High Court allowed the woman's appeal, setting aside her conviction and life sentence, and ordering her release.
