Kannur Infanticide Case: Kerala High Court Calls For Sessions Court's Opinion On Reference To Govt For Remission Of Sentence

The Kerala High Court on Monday (March 2) called for the opinion of the Additional District and Sessions Court, Taliparamba (Kannur) that convicted Saranya Valsaraj and sentenced her to life imprisonment for the murder of her one-year-old infant son.

Justice Raja Vijayaraghavan V. and Justice K.V. Jayakumar passed the direction while considering an appeal preferred by Saranya challenging the conviction and the sentence imposed.

The Division Bench took note of the fact that no opinion was given by the Sessions Judge as per Rule 131 of the Kerala's Criminal Rules of Practice, which empowers the government to award remission in cases where women are convicted of murder of their young children. It then directed the Registry to get inputs from the Judge.

The prosecution allegation was that since Saranya and her husband were having a strained marital relationship, she was living at her maternal house near Thayyil beach along with her family and the deceased Viyan. It was also alleged that Saranya and Nidhin, who were in an extramarital relationship, decided to live together and therefore, they hatched a conspiracy in front of a bank to cast aside the child by murdering him.

According to the prosecution, on the early hours of the date of the incident, Saranya picked up the child from the bedroom in which they were sleeping in along with her husband and took him to the hall to breastfeed him. Thereafter, she took him out of the house and threw him into the sea from the seawall, resulting in his death.

The trial court had acquitted Nidhin and had sentenced Saranya to life imprisonment, finding her guilty of Section 302 IPC [Murder].

When the matter came up for consideration today, the counsel appearing for Saranya argued that the conviction is solely based on circumstantial evidence, and there is no direct evidence at all. He also told that an application has been preferred seeking suspension of sentence pending consideration of the appeal.

At this juncture, the Court referred to R. 131 and a Full Bench decision in State of Kerala v. Salini. It orally remarked that government can award remission independentof the consideration of the appeal:

"In all cases where women are convicted for the murder of their infant children, a reference shall be made through the High Court to the government with an expression by the Sessions Judge of his opinion as to the propriety or otherwise of reducing the sentence. Every such reference shall be accompanied by copies of the material papers of record. Now there is a full bench judgment of this Court...Here is a case where a child is murdered by the mother, allegedly. Sessions Court has found you guilty. Ultimately, if the appellate court also finds you guilty, nothing less than life can be granted to you. In the meantime, the fact that the allegation is that a mother murdered a child, means under the Mental Health Act, she is having some depression or some issue... Some remission can be granted by the State independently of the consideration of the appeal."

The Court then admitted the appeal and called for the trial court records. The public prosecutor took notice and sought time to get instructions and file to the application for suspension of sentence.

Directing the Registry to get inputs from the judge who conducted the trial, the Court passed an interim order:

"We find that in the case on hand, the prosecution allegation is that the appellant, committed the murder of a breastfeeding child on 17.2.2020 at 2:40 am...In State of Kerala v. Salini, a Full Bench of this Court had occasion to quote that the reference under R.131 of the Rules may be forwarded to the government only after imposing the sentence. Directions for compliance of Rule 131 was also issued. On going through the judgment, we do not find that the Sessions Judge has furnished his opinion in terms of Rule 131 for the purpose of forwarding it to the government. The Registry is directed to get inputs from the learned Sessions Judge, who has passed the said judgment with regard to said aspect."

The appeal is posted after 10 days.

The appeal is moved by Advocates Manju Antoney, R. Anas Muhammed Shamnad, Joseph Chacko, P. Dhanya, R. Avinash, Benisha Chandhni.

Case No: CRL.A 272/ 2026

Case Title: Saranya Valsaraj v. State of Kerala