Crl.A. No. 426 of 2005 1

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO. 426 OF 2005

STATE OF RAJASTHAN ..... APPELLANT

VERSUS

VIDHYA DEVI ..... RESPONDENT

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 2

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.