MUMBAI: The Bombay high court recently upheld the conviction and life sentence of a man accused of murder based on evidence given by a 13-year-old eye-witness.
The HC rejected the convict's plea made through his court appointed lawyer Arfan Sait that he was falsely implicated by a "got up witness''.
"In our view there is nothing to entertain doubt that Public Witness 1 Prabhu Muttaya is a gotup witness and had falsely implicated the appellant,'' said a bench of Justices V K Tahilramani and A R Joshi while dismissing an appeal filed by Raju @ Rajan Kartaiya Harijan from Nasik Road Cenral prison where he is serving out his sentence against his conviction order of October 2004.
A sessions court in Mumbai had convicted him for a 2002 murder of
Muttayya a resident of Dharavi, Asia's largest slum in Mumbai.
The case was that Muttayya lived in Dharavi along with his family members including his eldest daughter Chandrika, his son then aged about 13 years one Prabhu Muttayya who became the public witness 1, another daughter and his wife. The accused was Raju Harijan who lived nearby. The prosecution case was that the accused used to tease Chandrika. She rejected his advances and told him she would teach him a lesson by slapping him with her footwear.
An enraged accused one night at 9 pm in Janaury 2002 accosted Muttaya who had shut his vada-pav and tea stall and was walking home accompanied by his two daughters and son Prabhu. Muttaya had earlier that day reprimanded Harijan and told him to leave his daughter alone or he would be taught a lesson. The accused and Muttaya had an altercation. Harijan pulled out a chopper he was carrying and assaulted Muttaya on his chest and other parts killing him, probably on the spot. The defence lawyer said the main witness was a young boy who 'had concocted the story'' and wondered why the two daughters had not been examined as witnesses too.
The HC however, noted that the young boy seemed to be matured enough and had infact rushed to the police station immediately after the assault and narrated the details. His deposition in Tamil even in court with help of an interpreter was corroborated by another witness and matched the FIR details, the court said, thus upholding the murder conviction and life sentence.
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