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The court relied significantly on the testimony of the victim’s six-year-old brother, who witnessed the incident
The conviction was also supported by medical evidence.
A Delhi Court recently convicted a man for murdering his seven-year-old daughter in 2019, holding that the prosecution had proved “beyond reasonable doubt” that he strangled the child with a wire.
Additional Sessions Judge Saumya Chauhan of Tis Hazari Court, delivered the verdict on August 19 in the case against one Viraj Rai, who was booked for murdering his minor daughter on April 23, 2019. The Court has now posted the matter for arguments on sentencing, where the quantum of punishment for Rai will be determined.
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The court relied significantly on the testimony of the victim’s six-year-old brother, who witnessed the incident and confirmed that his sister was in the accused’s custody. The child also deposed that Rai had taken the girl to a hospital after the incident.
“The burden to explain the circumstances in which the child died was on the accused, but he chose not to disclose them, resulting in a very strong presumption of guilt,” the ASJ observed.
The Court also took note of Rai’s conduct before and after the crime. It also recorded that he did not allow his wife to talk to the children on the phone and subsequently kept apologising to her repeatedly, which the court held to be relevant to his culpability.
The police control room report further corroborated that Rai had himself brought the child to a hospital, where he confessed to a doctor that he had strangled her with a wire.
On this aspect, the Court held that the confession was spontaneous and voluntary, ruling out any possibility of coercion or external influence.
“The first place that the accused visited after the death was the said hospital. Hence, there was no chance of anyone exerting undue influence or coercion. There is nothing to suggest that he made the said statement under threat, coercion or undue influence. Further, there is no reason to disbelieve the testimony of the doctor as she is an independent witness and her testimony is trustworthy and reliable,” the Court order stated.
The conviction was also supported by medical evidence. The post-mortem report established that the cause of death was asphyxia due to strangulation. The doctor who conducted the autopsy opined that the strangulation was consistent with the wire that was later seized from Rai’s residence.
Summing up the prosecution’s case, the Court concluded, “The prosecution has led cogent and reliable evidence to prove the allegations against the accused. It has been proved beyond a reasonable doubt that the accused murdered his daughter by strangling her neck with a wire with the intention to cause her death.”
“This court is of the considered opinion that the prosecution has led cogent and reliable evidence to prove the allegations against accused. It has been proved beyond reasonable doubt that the accused murdered his daughter Priyanshi by strangling her neck with a wire with intention to cause her death. Hence, he is liable to be punished for offense punishable under Section 302 IPC. Accordingly, accused Viraj Rai S/o Ram Prakash is convicted under Section 302 IPC,” the Court conclusively held.
About the Author
Sukriti Mishra, a Lawbeat correspondent, graduated in 2022 and worked as a trainee journalist for 4 months, after which she picked up on the nuances of reporting well. She extensively covers courts in Delhi.
Sukriti Mishra, a Lawbeat correspondent, graduated in 2022 and worked as a trainee journalist for 4 months, after which she picked up on the nuances of reporting well. She extensively covers courts in Delhi.
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