Pranav B Prem

In a judgment that exposes one of the most disturbing instances of prolonged child abuse in recent memory, the Kerala High Court has convicted a father and his wife for the brutal torture and murder of his six-year-old daughter. The Court found that the child’s death was the direct result of “brutal and sustained acts of cruelty extending over several months,” and imposed a sentence of life imprisonment on both accused. The Division Bench comprising Justice Raja Vijayaraghavan V. and Justice K.V. Jayakumar delivered the verdict on October 29, 2025, in the case State of Kerala v. Subramanian Namboodiri & Anr., setting aside the 2016 acquittal by the Additional Sessions Court, Manjeri. The Bench described the earlier acquittal as “manifestly untenable, palpably erroneous, and based on a misapplication of the settled principles of criminal law.”

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Background of the Case

The prosecution case revealed that the first accused, Subramanian Namboodiri, and his second wife, Ramla Begum @ Devaki Antharjanam, had subjected his two children—Adhithi (the deceased) and Arun (her elder brother)—to months of physical and mental torture while living at their house in Malappuram district.

The victim, Adhithi, was barely six years old when she died in 2013 after enduring ten months of relentless abuse, forced labour, and starvation. Evidence showed that both accused routinely beat the children, denied them food, forced them to perform manual chores, and inflicted burns and other injuries. A postmortem conducted at the Kozhikode Medical College Hospital revealed multiple ante-mortem injuries, including blunt trauma to the abdomen and flanks, internal bleeding, and signs of chronic malnourishment. The medical experts testified that the cause of death was neurogenic shock resulting from continuous physical trauma and psychological stress. The children’s maternal grandmother lodged a complaint after discovering the extent of the abuse. The case gained significant public attention, with child rights organizations calling it one of the most gruesome instances of child torture in Kerala’s history.

Evidence and Testimonies

The prosecution’s case rested heavily on the eyewitness account of the victim’s brother, Arun S. Namboodiri, who survived the abuse. His testimony described years of physical assaults, beatings with sticks and iron rods, and acts of humiliation. He recounted seeing his younger sister being burned with boiling water poured on her private parts and beaten to unconsciousness. Corroborating this testimony, the postmortem doctor detailed that the child’s injuries were consistent with sustained abuse, not a single accidental event. The forensic team noted at least 24 external injuries, several rib fractures, and internal organ damage. The child’s stomach was found almost empty, suggesting prolonged starvation.

The medical report also observed healed scars and older wounds, indicating that the victim had been repeatedly beaten over time. The experts opined that such injuries could only occur through repeated acts of deliberate cruelty.

Neighbours and local witnesses testified to having seen the children performing menial tasks late at night, such as carrying heavy buckets of water and cleaning the premises, while their stepmother berated and beat them. One witness recalled that Adhithi was rarely allowed to attend school and appeared emaciated and terrified.

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Trial Court’s Acquittal and High Court’s Reversal

The trial court in 2016 acquitted both accused, reasoning that the prosecution had failed to establish the element of intent necessary for murder under Section 302 IPC. It had accepted the defence’s argument that the child’s death was accidental or at most the result of negligence. The High Court, however, rejected this finding as “shockingly perverse.” It held that the Sessions Judge had “completely misread the evidence and ignored overwhelming medical and circumstantial proof of homicidal death.” The Bench said: “The trial court has failed to appreciate the credible testimony of the prosecution witnesses and has arrived at conclusions that are wholly unsupported by the record. Such an approach has resulted in a grave failure of justice.”

The High Court meticulously reviewed the forensic evidence and eyewitness statements, concluding that the totality of evidence pointed to a common intention and a concerted course of conduct between the two accused."The totality of the evidence unmistakably points to the existence of a shared intention and a concerted course of conduct resulting in the death of the child,” the Bench observed. The judges underscored that the couple’s actions were not momentary acts of violence but a pattern of systemic abuse carried out over nearly a year.

Court’s Observations on Cruelty and Parental Responsibility

The Bench described the acts committed by the father and stepmother as “inhuman, sadistic, and demonic.” It noted that the abuse inflicted psychological and physical trauma of such intensity that it culminated in the child’s death. “The conduct of the accused in subjecting a six-year-old child to continuous torture, starvation, and physical assault cannot be described in any language other than barbaric. The resulting trauma—both physical and psychological—was so severe that it caused neurogenic shock, leading to death,” the Court said.

The judges condemned the betrayal of parental trust, observing that the case highlighted the tragic irony of a home turning into a place of suffering and death for a child. “Parents are presumed to be protectors. Here, they became tormentors. The brutality displayed defies human sensibility and shakes the conscience of the Court,” the Bench remarked.

Sentencing: Life Imprisonment Upheld, Death Penalty Declined

After convicting both accused under Section 302 read with Section 34 IPC, the Bench considered whether the case fell within the “rarest of rare” category warranting the death penalty. The prosecution urged for capital punishment, citing the gravity of the offence. The Court, however, declined to impose the death sentence, observing that while the acts were “monstrous and reprehensible,” the circumstances did not justify extreme punishment. “We are conscious of the ghastly nature of the crime. However, we do not find this case to be one that falls within the rarest of rare category warranting capital punishment,” the Bench stated.

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Instead, both accused were sentenced to imprisonment for life and directed to pay ₹2,00,000 each as fine. The Court further clarified that the term “life imprisonment” shall mean imprisonment for the remainder of their natural lives. The High Court also upheld the trial court’s acquittal on the charge of attempted murder of the victim’s brother, holding that while there was evidence of cruelty towards him, the prosecution had not established intent to kill beyond reasonable doubt.

Appearance

Appellant/Respondent: Adv.Neema T V (Public Prosecutor)

Respondents/Accused Nos.1 & 2: Adv Shri.P.Venugopal

Cause Title: State Of Kerala V. Subramanian Namboothiri & Anr.

Case No: Crl. Appeal No.696 of 2018

Citation: 2025:KER:80902

Coram: Justice Raja Vijayaraghavan V, Justice K.V. Jayakumar