The Bombay High Court has upheld the conviction and life sentence awarded to a 29-year-old man for murdering his minor daughter, relying on the evidence of the victim's mother who is an eye-witness.
A division bench headed by Justice V K Tahilramani recently dismissed an appeal filed by convict Mohammad Naim Nabi Khan challenging a sessions court order convicting him on murder charges and sentencing him to life imprisonment.
According to the prosecution, the accused and Jantunnisa got married in 2005 and had a baby girl, Ashraf Unnisa, in 2007. However, the accused doubted his wife's character and claimed that the baby was not his and used to beat the child regularly.
On April 29, 2010, the accused beat the child for urinating near the door of their house and then used a thin rope to strangulate her. When Jantunnisa tried to intervene and stop him, Khan threatened his wife with a knife and said he would kill her too.
Jantunnisa later took her unconscious daughter to hospital where she was declared dead.
The high court while dismissing the appeal observed that Jantunnisa's evidence is believable, reliable and trustworthy.
"Looking to the evidence on record, we are of the opinion that it was the appellant who committed the murder of Ashraf Unnisa. Thus, we find no merit in the appeal," the court said.
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