4 days ago
Delhi Court Convicts Couple for Abandoning Premature Infant
A court in Delhi found two parents guilty of abandoning their baby.
The baby was born early and had serious health problems.
She was being treated in a hospital’s intensive care unit.
The parents left and did not come back to care for her.
They argued that leaving her at a hospital meant they wanted her to receive treatment.
The court disagreed because they did not return even after efforts were made to contact them.
The baby was later sent to a care facility, where she died a few days later.
The court said the parents’ actions showed they intended to abandon her.
The punishment will be decided at a later hearing.
A Delhi court convicted Hareena Ray alias Reena and Jeetu Kumar under IPC Sections 317 and 34.
The couple was found guilty of abandoning their premature, medically vulnerable infant at a hospital.
The court rejected their claim that leaving the child at a specialised facility showed an intent to secure treatment.
The infant, born at Deen Dayal Upadhyay Hospital in December 2014, was later placed with Nirmal Chhaya and died days later.
The court inferred abandonment intent from the parents’ failure to return or resume care, and sentencing will be decided separately.
- Who
- Hareena Ray alias Reena and her husband Jeetu Kumar were convicted; the infant was their biological child.
- What
- The couple was convicted of abandoning a child under 12 under Sections 317 and 34 of the Indian Penal Code.
- Where
- The infant was born and initially treated at Deen Dayal Upadhyay Hospital in Delhi.
- When
- The infant was born on December 12, 2014; she was transferred to Nirmal Chhaya on March 12, 2015, and the court’s order was dated September 10.
- Why
- The court found that the parents’ failure to return or resume care demonstrated an intention to wholly abandon the child.
Prosecution and Court
Defence
Whether the parents intended to abandon the child
Prosecution and Court
The prosecution argued, and the court found, that leaving the infant, failing to return, and ignoring repeated efforts to contact them showed an intention to wholly abandon her.
Defence
The defence argued that leaving the infant in a specialised medical facility indicated an intention to obtain treatment rather than abandon her.
Importance of an eyewitness
Prosecution and Court
The court held that abandonment intent could be inferred from the proven circumstances and the parents’ conduct, even without an eyewitness to the act of leaving.
Defence
The defence contended that the absence of an eyewitness weakened the prosecution’s case.
Key facts
- Accused
- Hareena Ray alias Reena and Jeetu Kumar
- Offence
- Child exposure and abandonment under IPC Section 317, read with Section 34
- Infant’s condition
- Premature, underweight, and suffering medical complications
- Birth hospital
- Deen Dayal Upadhyay Hospital
- Care transfer
- The infant was handed to Nirmal Chhaya on March 12, 2015
- Evidence
- A DNA report established the couple’s biological parentage
- Sentencing
- The convicts were directed to be heard on the quantum of sentence
Quotes
Additional Sessions Judge Sunil Kumar
Delhi court judge who issued the conviction order
“The circumstances proved on record, when appreciated cumulatively, establish the act of leaving the child was accompanied by the requisite intention of wholly abandoning her, which is the essential ingredient of Section 317 IPC.”
rediff.com
“The absence of any eye-witness to the actual act of leaving the child does not affect the case of the prosecution, as the said intention can be inferred from proved circumstances and the conduct of the accused persons.”
rediff.com
Sources
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