The Gauhati High Court has set aside the conviction of a woman who had been sentenced to five years’ rigorous imprisonment in connection with the death of her infant daughter, holding that the prosecution evidence was insufficient to sustain the conviction.
Justice Sanjeev Kumar Sharma delivered the judgment on August 19, 2026, in Criminal Appeal No. 286 of 2019. The Court allowed the appeal and directed that the appellant be set at liberty forthwith.
Background
The case arose from the death of the appellant’s minor daughter, Anisa Mehjebin, in January 2014. A case was initially registered at Howly Police Station under Sections 302 and 34 of the Indian Penal Code.
The Sessions Court subsequently convicted Hanufa Nasrin under Section 304(II) of the IPC and sentenced her to five years’ rigorous imprisonment along with a fine of Rs.10,000. She challenged that decision before the High Court.
The prosecution examined 12 witnesses. Several witnesses, however, had not personally seen the incident. Some also denied having made statements attributed to them during police investigation.
A significant issue before the High Court concerned the medical evidence regarding the child’s death.
The post-mortem examination recorded a contusion, subarachnoid haemorrhage and a cyst in the brain. However, the medical officer did not state that any of these injuries was sufficient to cause death. The Court also noted that the chemical examination material relied upon for an opinion of organophosphorus poisoning was connected to exhibits unrelated to the case and therefore could not be relied upon.
"Although the medical evidence recorded injuries, the medical officer offered no opinion that any of those injuries was sufficient to cause death. The possibility that such an injury could have been accidental also could not be ruled out."
The High Court further found that the trial court had relied upon statements allegedly made by witnesses to police under Section 161 of the Code of Criminal Procedure and on material that had not been properly introduced into evidence.
The Court also noted that the trial court had not recorded a finding that the child’s death was homicidal in nature.
Concluding that the conviction could not be sustained in law, Justice Sanjeev Kumar Sharma set aside the impugned judgment and sentence.
The Court allowed the appeal and ordered that the appellant be set at liberty forthwith. The trial court record was also directed to be sent back.
Case Details
- Case Title: Hanufa Nasrin v. State of Assam & Anr.
- Case Number: CRL. APPEAL NO. 286 OF 2019
- Judge: Justice Sanjeev Kumar Sharma
- Decision Date: August 19, 2026
