Crl.A. No. 426 of 2005
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 426 OF 2005
STATE OF RAJASTHANAPPELLANT
VERSUS
VIDHYA DEVIRESPONDENT
O R D E R
1. We have heard the learned counsel for the State of
Rajasthan and have gone through the judgment of the High
Court very carefully. The facts indicate that the
accused respondent was suffering from insanity on the
date of the incident and the facts leading to this
conclusion have been set out in extenso in the High
Court's judgment. It has been highlighted that the
incident happened on the 18th of February, 1996 and even
before the challan had been filed on the 26th April,
1996, the accused had been sent to the Medical Hospital,
Jaipur for treatment and that she had remained admitted
in the hospital for treatment till 12th October, 1999
when she had been produced before the concerned Court on
Crl.A. No. 426 of 2005 that day and it was found that she was still behaving in an abnormal manner and on which she was again sent to the Medical Hospital, Jaipur and remained under treatment from 12th October, 1999 till 20th November, 2001. It is, therefore, obvious that the circumstances of the case show that the respondent was suffering from insanity and was, therefore, entitled to claim the benefit under Section 84 of the Indian Penal Code. We are, therefore, not inclined to interfere in this matter.
2.Dismissed.
.........................J [HARJIT SINGH BEDI] .........................J [GYAN SUDHA MISRA]
NEW DELHI AUGUST 04, 2011.