A Kerala court has sentenced an Idukki woman to life imprisonment for murdering her newborn son shortly after secretly giving birth to him in 2014. [State of Kerala v Rose Mary @ Kuttiyakka]

First Additional Sessions judge Ash K Bal at Thodupuzha sentenced Rosemary alias Kuttiyakka to life imprisonment and imposed a fine of ₹50,000 for murder under Section 302 of the Indian Penal Code, 1860 (IPC).

The Court had found that Rosemary had strangled the newborn by pressing his neck and then leaving him near a cattle shed adjoining her house at Marayoor in Idukki. The infant, however, was still alive when he was discovered on the morning of May 13, 2014.

A teenage boy living nearby first spotted the newborn and alerted a local ward member. When neighbours reached the spot, they found the baby wrapped in a bed sheet and placed on a plastic cover.

The child was breathing and was immediately taken for medical treatment to the Marayoor Primary Health Centre, where doctors found that he was a full-term baby suffering from breathing difficulties. He was later shifted to Morningstar Hospital at Adimali where his condition deteriorated. Despite treatment, the infant succumbed to his injuries later that afternoon.

The crucial question before the Court was whether Rosemary was, in fact, the mother of the newborn, as she had denied that the baby was hers.

Witnesses, however, told the Court that her clothes were stained with blood when she came out of her house and that a doctor who had examined her the same day had found signs that she had recently given birth. DNA evidence eventually established that Rosemary was the child's biological mother.

The medical evidence also became crucial in establishing that the infant's death was not accidental. The doctor who conducted the postmortem found that the baby had been born alive and died due to a blunt-force injury to his neck. The doctor ruled out the possibility that the injury could have occurred during a normal delivery or from a fall.

The Court noted that once the relationship between the child and his biological mother was established, Rosemary was required to explain how the child had sustained the fatal injury. However, she denied knowledge of the infant and claimed that the case against her was fabricated.

The Court thus concluded that the circumstances and evidence established a deliberate killing of the infant by the mother.

While hearing her on the sentence, Rosemary sought to be pardoned, stating that her 85-year-old mother was alone and that there was nobody to look after her. Her counsel also argued that her mental condition was unstable, but the Court said that no medical documents or materials had been produced to substantiate the contentions.

It thus sentenced Rosemary to life imprisonment and directed that the judgement and records be forwarded to the State government to consider remission of her sentence under Rule 131 of the Criminal Rules of Practice. The rule mandates that in all cases where women are convicted for the murder of their infant children, a formal reference must be made to the government.

Additional public prosecutor Rajesh PS appeared for the State.

Advocate John Joseph represented Rosemary.

[Read Judgment]