SC orders suspension of life term of 93-year-old woman in Karnataka jail due to pandemic

Karnataka govt counsel said the custody certificate, issued by the Chief Superintendent of the Central Prison, Mysuru indicated the present age of appellant as 86 years.

The Supreme Court has come to rescue of a woman, who claimed to be 93-year-old, by ordering suspension of life term sentence, awarded to her in case of the killing of her daughter-in-law for dowry demands.

Even though the Karnataka government counsel contended that the records from Mysuru prison showed her to be 86-year-old, a bench presided over by Justice D Y Chandrachud said that prevailing pandemic situation required a suspension of the sentence of the appellant, Sakamma pending the disposal of the appeal before the High Court.

The woman was held guilty under Sections 302 and 498A of the Indian Penal Code and sentenced to undergo imprisonment for life, by a judgment of October 16, 2019 of the Additional District and Sessions Judge, Chamarajanagara.

She approached the Karnataka High Court, which declined to suspend the sentence pending the disposal of the appeal filed against the conviction and sentence.

In her appeal before the top court, her counsel sought concession from the court on the ground of her age. He said she was 93-year-old. He also admitted that in the Memo of Appeal, the age of the petitioner was referred to as 86 years since this was the position before the trial court in 2012.

Karnataka government counsel, for his part, said the custody certificate, issued by the Chief Superintendent of the Central Prison, Mysuru indicated the present age of the appellant as 86 years.

To this, her counsel submitted the certified copy of the criminal appeal received from the High Court clearly indicated the present age of the appellant as 93 years.

"Whether the appellant is 86 years of age or, as the case may be, 93 years of age, we are of the considered view that the ongoing pandemic necessitates a suspension of the sentence.
We clarify that this order is being passed only on account of the age of the appellant," the bench, also comprising Justices Indira Banerjee and Sanjiv Khanna said.

The court ordered release of the woman on terms and conditions as may be imposed by the Additional District and Sessions Judge, Chamarajanagara.