Decided on July 18,1901

ANTAKKE Respondents


- (1.) The accused, who is a beggar woman and a widow, deposited her illegitimate child about three months old close by a channel some 200 yards from the house of one Kartha and went away to another village without informing any one of her movements, and evidently without any intention of returning to the child. The child was found by Kartha and was taken care of by him, but it was a sickly child previously and died after a few days. The evidence does not show whether the exposure caused, or contributed to, the death of the child.
(2.) The Sessions Judge came to the conclusion that the accused intended that the child should be found and cared for by Kartha, as she left it near the spot when his household draw their water from the channel. The Sessions Judge therefore acquitted the accused of the offence with which she was charged under Section 317, Indian Penal Code, observing that that section "must be interpreted on the principle expressed in the English Statute, and that, in order to be criminal, the exposure and abandonment must be under such circumstances as endanger the safety of the child. Here the child was deliberately placed, where it would be, as it was, found and looked after. Hence the offence with which the prisoner is charged was not committed Queen-Empress V/s. Felani Harniani 16 W.R. (Cr.R.) 12.
(3.) The Public Prosecutor now on behalf of the Government appeals against the acquittal. The case cited by the learned Sessions Judge is not an authority for the view taken by him and the same observation applies to the case of Queen-Empress V/s. Mirohie I.L.R. 18 All. 364 referred to by the Public Prosecutor.;

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