STAFF REPORTER
GUWAHATI: The Gauhati High Court has upheld the rigorous life sentence awarded to one Ayub Hussein alias Ayub Ali, a resident of the Barpeta district, by the Additional Sessions Judge, Bajali on the charge of murdering his two-and-a-half-year-old daughter Suhana Akhtar on July 24, 2016.
The Ayub Hussein's counsel submitted in the course of hearing of the appeal against the Additional Sessions Judge's judgment that it was not the convict but his wife who had murdered the child. The counsel further argued that there was only one eyewitness - the convict's wife- whose testimony implicated Ayub Hussein as the perpetrator of the crime, while the other villagers had stated they were not sure as to the identity of the murderer. The appellant's counsel concluded that it is a fit case for acquittal of the convict.
However, the High Court noted in its judgment: "In the case of Santosh Prasad @ Santosh Kumar (Supra), the Supreme Court has observed that the testimony of a sterling witness is of high quality and, therefore, would be unassailable. Having regard to the nature of evidence adduced by the Prosecution Witness No 2 (Ayub Hussein's wife), we have no doubt in our mind that she had not only seen the occurrence but had also truthfully deposed about the incident before the Court. The evidence of PW-2 appears to be of a sterling quality and, therefore, found to be trustworthy and acceptable by the Court. We are, therefore, of the opinion that the learned trial Court was correct in placing reliance on the testimony of PW-2."
While dismissing Ayub Hussein's appeal, the court further observed: "Having regard to the nature of evidence brought on record, we are convinced that it was none other than the appellant/accused who had brutally murdered his 2½ year-old baby girl with a sharp weapon due to a quarrel arising between himself and his wife out of suspicion of illicit affair maintained by the wife with another person. As such, we find ourselves wholly in agreement with the conclusion drawn by the learned trial court that the charge brought against the accused/appellant under Section. 302 IPC stood established beyond reasonable doubt."
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