Court convicts man for killing minor daughter

New Delhi, Sep 2 (PTI) A Delhi court has convicted a man of murdering his seven-year-old daughter in 2019, saying it was established beyond a reasonable doubt that he strangulated the child with a wire.

Additional sessions judge Saumya Chauhan was hearing the case against one Viraj Rai, booked for his child's murder on April 23, 2019.

In an order on August 19, the court held the eyewitness testimony of the victim's six-year-old brother proved the girl was in the accused's custody and he took her to a hospital.

The court observed 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.

"Conduct of the accused in not allowing his wife to talk to the children on the phone and thereafter, repeatedly apologising to her on the phone is also relevant," the court said.

The police control room (PCR) report was stated to have further proved that he brought the child to the hospital and confessed to having strangulated her daughter with a wire.

On the aspect of the father purported confession to a doctor, the court said, "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." The order noted the accused's confession to be "spontaneous and voluntary" therefore being credible evidence, which could be safely relied upon.

"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 said.

It noted the post-mortem report, according to which the death was caused by asphyxia due to strangulation, and the doctor concerned opined that strangulation was possible with the wire seized from the accused’s house.

"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 strangulating her neck with a wire with the intention to cause her death," the court held.

The court subsequently posted the matter for hearing arguments on sentencing on a later date. PTI MNR MNR AMK AMK