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Delhi High Court Criticizes Police for Wrongful Booking of Father and Grandmother in Child’s Death Case

In a recent ruling, the Delhi High Court criticized the Delhi Police for wrongly charging a father and grandmother for the death of a 2-year-old girl, despite insufficient evidence. The court observed that the police put the accused through a long trial and an unjust sentence for a crime they did not commit.

The case, dating back to February 19, 2014, involved the death of a young girl who was at home with her grandmother when she passed away. Her parents were divorced, and the child’s custody was with her father. Suspicion was raised by the child’s maternal grandfather, who alleged that the paternal grandparents were responsible for her death.

The post-mortem report revealed 24 external injuries on the child’s body, with the cause of death being shock and an empty stomach, resulting from a head injury caused by blunt force. Despite these findings, the trial court acquitted the father and grandmother of murder but convicted them under Section 23 of the Juvenile Justice Act, 2000, sentencing them to six months in prison for child neglect.

The Delhi Police challenged this decision, seeking to convict the accused for murder. However, upon reviewing the case, the Delhi High Court noted that the father was not home when the incident occurred, and there was no clear evidence of neglect by the grandmother.

The court further considered the testimony of the doctor who performed the post-mortem, who stated that the child’s injuries, such as scratch marks, could have been caused by eczema or dry skin. Moreover, the court found no bloodstains or signs of foul play at the scene.

The High Court concluded that there was no evidence to suggest that the father and grandmother were guilty of neglect or murder. The court also criticized the actions of Constable Babita, who allegedly planted false evidence at the crime scene, further clouding the investigation.

As a result, the High Court acquitted the father and grandmother of all charges, including those under the Juvenile Justice Act. The court warned the prosecution against filing appeals without solid grounds, noting that such cases waste public resources, court time, and energy that could be better spent on more deserving cases.

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