HC convicts two relying solely on seven-year-old's testimony

Mumbai, May 13 (UNI) Relying solely on a seven-year-old girl's testimony in the murder case of her father the Bombay High Court has convicted the girl's mother and a man with whom she had illicit relations and sentenced both of them to undergo life imprisonment.

While deciding an appeal filed by the state government a division bench comprising Justice D G Deshpande and Justice Nishita Mhatre gave eight weeks time to convicts, Nanubai Vegada and Kisan Babu Solanki to surrender before concerned trial court for serving sentence. The court has directed the trial court to take appropriate action, if they fail to do so.

According to the Prosecution, Nanubai's husband, Dhanjibhai was killed by her lover, Kisan in the early hours of March 17, 1989.

But, believing the complaint of Nanubai, the trial court had acquitted both of the accused saying that, Dhanjibhai's death was suicidal and not homicidal one. However, in the appeal, Assistant Government Pleader Rajashree Gadhavi successfully pointed out to the court that the doctor who conducted post-mortem on the victim had clearly opined that the injury found on the victims neck could not be self-inflicted and someone else must have assaulted him.

The testimony of seven year old daughter of the victim finally sealed fate of Kisan. Accepting the prosecution's claim that the girl was an eye witness, and had seen Kisan holding knife in his hand and standing beside her injured father, the judges convicted Kisan under section 302 read with 34 of Indian Penal Code (IPC).

Nanubai has also been convicted for the same crime and under section 203 of the IPC for giving false information. She had raised false alarm and also informed the police that her husband had committed suicide. Her falsehood was exposed by one of the witness, a neighbour, who had seen her telling them that her husband had slashed his own throat, when Dhanjibhai was apparently lying dead on the floor. According to the court, Nanubai's conduct proved that she too was also involved in the whole crime.

UNI