New Delhi [India], May 16 : The Delhi High Court on Tuesday dismissed an appeal by an accused against the conviction and life sentence for kidnapping and murdering a two-year-old girl in the Ranhola area in October 2016.
The girl was kidnapped from near her house and was murdered by hitting her head on the staircase of a temple.
While dismissing the appeal, the division bench of Justices Mukta Gupta and Poonam A Bamba said, "The prosecution has been able to prove its case beyond a reasonable doubt."
"Thus, we find no merit in this appeal. The appeal is accordingly dismissed," the division bench said on Tuesday.
"In the facts of the instant case, as the prosecution has been able to prove beyond reasonable doubt that the appellant had hit the deceased, an infant, against the floor/stairs of the mandir causing injuries on the head and other parts," the bench said in the judgement passed on Tuesday.
The High Court rejected the plea of the appellant's counsel that there was a discrepancy in the statement of witnesses.
The bench said, "Suffice it to state that in view of the evidence which has come on record, the testimony of Rama Devi cannot be discarded in the light of the minor discrepancy pointed out in the aforesaid witnessed account, by the learned counsel."
The High Court also considered the testimony of Ashok who informed that the appellant had killed the two-year-old girl.
He also deposed that at the spot near the staircase of the mandir, one shaving blade, pieces of broken plastic bangle of green colour and blood stain were found.
The injured girl, who was taken to DDU hospital was reported to be brought dead.
Dr VK Ranga who conducted the post-mortem report, had opined the cause of death to be cranio cerebral damage consequent upon blunt force impact to the head; and the injury was sufficient to cause death.
The appellant had challenged the judgment of October 30, 2018, passed by Tis Hazari Courts.
He was convicted under Sections 363/302 of the Indian Penal Code, 1860 for the kidnapping and murder of Radhika in a case registered at the Police Station Rannhola in 2016 and was sentenced to life imprisonment for life under Section 302 of the IPC with a fine of Rs 10,000. He was further sentenced to rigorous imprisonment for seven years for the offence under Section 363 IPC with a fine of Rs 5,000.
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