Kannur: Saranya Valsaraj, convicted of murdering her one-year-old child at Thayyil, has moved the Kerala High Court seeking suspension of her life sentence. A Division Bench comprising Justice Raja Vijayaraghavan V and Justice K V Jayakumar admitted the appeal and called for the trial court records. The Bench also sought inputs from the Additional District and Sessions Court, Taliparamba, which had convicted her to life imprisonment under Section 302 of the IPC (murder) while acquitting the co-accused, Nidhin.

According to the prosecution, Saranya, who was allegedly in a strained marital relationship, had been living at her maternal home near Thayyil beach with her child, Viyan. It was alleged that she conspired with Nidhin, with whom she was said to be in an extramarital relationship, to kill the child.

The prosecution case was that in the early hours of February 17, 2020, Saranya took the child from the bedroom, carried him outside the house and threw him into the sea from the seawall, resulting in his death. When the appeal came up for hearing, counsel for Saranya argued that the conviction was based solely on circumstantial evidence and that no direct evidence linked her to the crime. An application was also filed seeking suspension of sentence pending disposal of the appeal.

During the hearing, the Bench referred to Rule 131 of the Kerala Criminal Rules of Practice, which requires that in cases where women are convicted for the murder of their infant children, the Sessions Judge must express an opinion on whether the sentence should be reduced, for consideration by the government.

The court noted that no such opinion appeared to have been furnished by the trial judge, as mandated under the Rule. It directed the Registry to obtain the Sessions Judge's views in this regard. The Bench also observed that the government has the power to grant remission independently of the appellate proceedings.

The public prosecutor sought time to obtain instructions on the application for suspension of sentence. The matter has been posted after 10 days.