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Man to stand trial for abandoning child, dying wife

 

Times of India
 

SOURCE - https://timesofindia.indiatimes.com/city/delhi/Man-to-stand-trial-for-abandoning-child-dying-wife/articleshow/7940745.cms






NEW DELHI
: A man is all set to stand trial for allegedly abandoning his biological son--an infant--and letting the woman die post-delivery due to lack of care.

A court has dismissed the man's plea against a magisterial court order , which framed charges against him for allegedly abandoning his biological son and not providing postdelivery medical care to the woman who died after giving birth.

Dismissing Diwan Singh's plea against framing of charges by the magisterial court, additional sessions judge Kaveri Baweja said it was not the stage for it (the sessions court) to interfere with the trial court's order . The case against Diwan, a resident of Barsati Staff Quarter at Tibia College near Karol Bagh in central Delhi, was lodged following the discovery of a child abandoned in bushes on the college premises on October 14, 2003.
Subsequently, one Rajinder Singh told the Desh Bandhu Gupta Road police that the child was born to his niece, who was "involved" with Diwan and had been living with him.

He said the child was born in an auto-rickshaw , which he had hired to take his pregnant niece to a hospital for delivery. But the child was born minutes after they proceeded for the hospital. After the child was born, he called Diwan and handed over the child to him, asking him to take care of the woman. But Diwan went away with the child, leaving behind the girl, who eventually died due to lack of post-delivery medical care.

The same child was later found abandoned, Rajinder told police, who arrested Diwan and sent him for trial after getting his DNA test done. The magisterial court charged Diwan under sections 317 (abandoning a child below 12 years of age) and 304 A (death caused due to negligent and rash act) of the IPC. Dismissing the accused's contention that the magistrate had framed charges against him despite paucity of evidence against him, Baweja said, "At the time of framing of charges, an inquiry is not to be conducted and prima facie material on record is sufficient to charge the accused and begin a trial against him" .

Describing the case as made up of "rather peculiar facts" and pointing out the existence of sufficient evidence against the accused, Baweja said, "The report of the DNA test of the accused shows it is he who is the biological father of the abandoned male child."

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