Oyami Ayatu Vs. State of M.P., (1974) 3 SCC 299 and Bhikari Vs. State of Uttar Pradesh, AIR 1966 SC 1, has unequivocally held that unless pleaded and proved during trial, the accused/appellant is not entitled to derive the protection of Section 84 of IPC simply by raising the issue at a belated stage. Here also, though this plea was taken before the trial Court but no evidence, oral or medical, could be adduced by the defence from which it could safely be inferred that the cognitive faculties of the accused were so impaired that she was not in a position to see the repercussions, of her act and since it has not been done, the accused/appellant cannot disown her guilt of murdering the deceased. Further, the act of the accused/appellant in denying the charges, pleading trial and innocence in her statement under Section 313 Cr.P.C. makes this Court to draw an inference that her mental faculties were not so impaired to provide her the strength to wriggle out of the rigor of law. Thus, in these circumstances and keeping in mind the aforesaid legal position, the appellant is held to be dis-entitled to have the protection of Section 84 of IPC.
