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Delhi High Court upholds conviction of a man accused of murdering 7 year old boy

Team SoOLEGAL 7 May 2018 12:57pm

Delhi High Court upholds conviction of a man accused of murdering 7 year old boy

New Delhi: The Delhi High Court while upholding the life term of a man who strangulated a 7-year-old boy to death and dumped his body in the cooler of a temple  observed that it is not necessary to establish motive to prove accused guilty.

This observation was made in context of prosecution failing to establish motive of the murder but all other evidence pointed towards the person's involvement in the murder. Prosecution had claimed that the accused was having an illicit relationship with the mother of the child and because of this he wanted to eliminate the child. This was denied by the mother as well as police failed to provide proper evidence to prove the same.

"Motive plays a part in proving cases based on circumstantial evidence, but it is not that the non-proving of the same should invariably result in rejection of the prosecution case. Lack of proof of motive is not a deal breaker for the prosecution," the court observed. Quoting from a previous Delhi HC order on convictions despite the proof of motive, it said, "It is generally a difficult area for prosecution to bring on record as to what was in the mind of the accused/appellant and why he chose to act in a particular manner because it is not easy to read the human nature being what it is. A man's passion may arouse at any time even on a very trifling issue. The motive of a man is often so deep- seated as to be almost unfathomable."

The case pertains to 2013, when the mother of the 7-year-old boy filed a missing complaint with the police saying that her son was playing in front of the temple and when she returned from the temple, her son was not to be found. She felt somebody had taken him away. She gave details of the cloth he was wearing. In the search that followed, the body of the boy was found in a cooler lying in Shiv Durga Mandir. During the investigation that followed, it was found that a man named Sachin was studying in the temple after taking keys from the priest.

The prosecuting said he killed the boy by smashing his head against the wall and then strangulated his neck. Then the prosecuting explained how he cut the body of the child and placed it in the cooler. The defence counsel argued that motive cannot be established but the court countered this by stating that all the evidence pointed to the person's involvement.

Tagged: Delhi High Court   Life term     
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