13-yr-old's deposition leads to conviction in uncle's murder
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On August 18, 2021, around 7.15pm, Kamlesh, a 26-year-old resident of Gaddigodam, was fatally attacked while visiting his sister, Ashwini William Francis, in Mhada Colony. Dipak (20) and Ujwal (18), along with a third accomplice, Sahil Khan, allegedly assaulted Kamlesh after a dispute involving the molestation of his minor sister. As per the prosecution, Dipak struck Kamlesh on the head with a baseball bat, while Ujwal stabbed him in the stomach with a knife.
Sahil restrained Kamlesh during the attack. Kamlesh was rushed to Mayo Hospital where he was declared dead.
The prosecution's case was bolstered by the deposition of the 13-year-old niece of the deceased. Her statement, recorded under Section 164 of the CrPC, provided a chilling eyewitness account of the crime, detailing how the accused conspired to kill Kamlesh, said addl public prosecutor Prashant Sakhare. The teen's testimony, combined with forensic evidence like blood samples, a seized knife, and a baseball bat, solidified the case against the accused.
The court also noted the applicability of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 2015, under Sections 3(2)(v) and 3(2)(va) was weak and acquitted the accused of the charges. The investigation, led by assistant commissioner of police Roshan Pandit, revealed a premeditated attack driven by caste-based animosity. The court, while acknowledging the severity of the crime, opted for life imprisonment over death penalty, citing the possibility of rehabilitation for the young accused.
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