The Delhi High Court has upheld the conviction of a woman for kidnapping an infant but ordered her release for the period already spent behind bars.
Accepting the plea of Sheela, a mother of two, not to challenge the trial court's findings on her conviction for kidnapping a one-year-old baby in April 2011, Justice S P Garg considered her conduct in jail as "satisfactory".
"Since the appellant (Sheela) has opted not to challenge the trial court's findings on conviction under Section 363 (kidnapping) of IPC and has accepted it voluntarily, her conviction under section 363 is confirmed.
"The nominal roll of March 4, 2013 reveals that she has already undergone one year, 18 months and eight days incarceration. She has also earned remission for five months and 14 days... She is not a previous convict and is not involved in any other criminal case. Her overall jail conduct is satisfactory. She is in custody from the very inception," the court said.
Considering the woman's argument that the trial court had acquitted her of the charges of kidnapping for ransom (under section 364 of the IPC) and also attempt to murder (307 IPC) the baby, it said, "She is an illiterate and is a labour. She has two children to take care of. Taking into consideration all these mitigating circumstances, the order on sentence is modified and she is ordered to be released for the period already undergone by her in this case."
According to prosecution, the woman had kidnapped a child Ankush, aged one year, from his house in Bhalaswa Dairy area in North West Delhi on April 24, 2011.
In the police complaint, lodged by the child's mother, it was alleged that she was into black magic practice and kidnapped the child to offer sacrifice to the deities.
As per the prosecution, she had attempted to kill the child by drowning him in the water.
The trial court in October 2011 had held the woman guilty of offence and sentenced her to three years jail term for kidnapping the child, besides imposing a fine of Rs 500.
However, it had acquitted her of the charges of kidnapping for ransom and attempt to murder.
