August 24th 2023.
Recently, the Bombay High Court refused to believe that the conviction of a 51-year-old woman for killing her neighbor's 3-year-old grandchild and attempting to murder three other grandchildren was “unfortunate.” The court observed that throwing a three-year-old child into the canal was so imminently dangerous that the appellant had knowledge that it would cause the child's death.
The division bench of Justices Revati Mohite-Dere and Gauri Godse dismissed the appeal filed by Sangita Kiwade, who was convicted by the sessions court in Pune for the murder and attempted murder of four children. The justices concluded that Kiwade's actions fell under the definition of murder under Section 300 of the Indian Penal Code, and noted that evidence clearly showed that she had knowledge that her actions would lead to the death of the child.
The prosecution presented evidence that Kiwade had lent ₹50,000 to her neighbor, Nanda, at 10 percent interest. As Nanda was unable to repay the amount, Kiwade held a grudge. On November 18, 2010, she lured the four children ranging in age from three to nine years old with the promise of ice cream, and later threw them into a canal in Nagar, Pune. The three-year-old child, Tejas, was the only one to succumb to the drowning.
Witnesses testified that Kiwade's minor daughter had tried to stop her mother, but was unsuccessful. The police rescued two of the drowning children, but Tejas could not be saved. The HC ruled out the possibility of tutoring in the children’s testimonies and opined that the evidence of the witnesses was cogent, natural, trustworthy and inspiring.
As a result of her conviction, the HC sentenced Kiwade to life in prison for her crimes. She was also found guilty under the Bombay Money Lending Act for operating an illegal money lending business. The court noted that Kiwade failed to show that she had any valid license for lending money on interest, and thus her appeal was dismissed.
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