New Delhi, Sep 4 (PTI) A Delhi court has convicted a man for murdering a woman in 2022, citing the “vivid and graphic” eyewitness account of the victim’s six-year-old son.
Additional Sessions Judge Syed Zishan Ali Warsi convicted the accused, Bharat, under Section 302 (murder) of the Indian Penal Code (IPC) and relevant sections of the Arms Act.
According to the prosecution, the accused was a former colleague of the victim Aarti’s husband and had been harassing her after developing a one-sided interest in her.
It said that the accused stabbed 28-year-old Aarti multiple times at her house on April 21, 2022, and she was declared brought dead at a hospital.
In a 174-page judgment dated August 19, the court said that if the testimony of a child witness inspires the court’s confidence and is reliable and trustworthy, then it can be the sole basis for proving the prosecution’s case.
Underlining that the child’s testimony was untutored, the court noted that he correctly identified Bharat in court and described how the accused told his mother “ghar chal” (come home) before stabbing her when she refused.
“The minor son has given an eye-witness account with a vivid and graphic account of the incident, narrating the mode and manner of causing the injuries to his mother by the accused with specific details, i.e. manner of talking/ discussion, the weapon used and the assault by knife have established beyond reasonable doubt that he has actually witnessed the occurrence,” the court said.
It said the boy’s deposition is in complete harmony with medical evidence.
“The accused has caused multiple injuries with a sharp-edged weapon, a knife, on the vital parts of the deceased Aarti, which establishes the intention and knowledge of the accused to cause the death of the deceased,” the court said.
Regarding the accused’s intention, the court said he “chased” the victim and made objectionable advances towards her.
The court noted that the prosecution also produced electronic evidence, including CCTV footage, that showed the accused running away from the crime scene with a knife in his right hand just minutes after the incident.
Investigations, the court noted, also revealed that Bharat had pre-planned the murder, having ordered the buttondar knife used in the crime through a popular online shopping app just three days before the incident.
The court trashed the defence argument that Bharat was in a live-in relationship with the victim and was being falsely implicated, saying the evidence clearly showed he had been stalking and harassing the victim’s family, forcing them to change their residence multiple times.
It said that according to the post-mortem report, Aarti died due to a fatal stab wound to the heart.
“The testimonies of witnesses and appreciation of evidence show that the prosecution has established its case against the accused beyond a shadow of reasonable doubt…,” the court said, convicting him of murder and under the Arms Act.
The court will pronounce its order on the quantum of sentence on September 11. PTI MNR MNR KSS KSS
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