Kerala High Court Upholds Murder Conviction of Woman Who Killed Her Brother's Son, Says Depression Not 'Legal Insanity' Under Section 84 of IPC if Ability To Distinguish Right From Wrong Not Impaired

The Kerala High Court recently denied the plea of "legal insanity" raised by a woman who has been sentenced to life for murdering her twelve-year-old nephew. While denying the woman's plea, the state's top court said that depression would not come under the purview of Section 84 of the Indian Penal Code (IPC) unless there was material to show that it significantly impaired the ability to distinguish right from wrong. The court's remark came after the woman approached the High Court in an appeal challenging the conviction by the Sessions Court. However, the prosecution alleged that the appellant had committed the murder of her brother's son in the year 2013 so that her brother would not continue in his strained marriage. The prosecution further said that the woman allegedly strangled the boy with her pyjama string while he slept at night so that her brother and his wife would not reunite. Kerala High Court Says Having Sexual Intercourse and Being Naked in Front of a Minor Amounts to Sexual Harassment Under Section 11 of POCSO Act.

Accused Woman Had Strangulated Her Brother's Son

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