Delhi Father Convicted for Strangling 7-Year-Old Daughter Over Marital Discord

Additional Sessions Judge (Fast Track Court), Saumya Chauhan, held Rai guilty under Section 302 of the Indian Penal Code (IPC), noting that the prosecution had successfully established guilt “beyond reasonable doubt.”

The case revolved around the tragic death of Priyanshi on April 23, 2019. The prosecution alleged that Rai strangulated his daughter with a wire and pressed a pillow on her face, following marital discord with his wife Barkha.

The Court noted that Rai had made a confession to a doctor at Janki Dass Kapoor Memorial Hospital, admitting that he killed his daughter. While extra-judicial confessions are considered weak evidence, the Court cited Supreme Court precedent to hold that if such confessions are voluntary and credible, they can form the sole basis of conviction.

Judge Chauhan observed, “An extra-judicial confession, if voluntary and true and made in a fit state of mind, can be relied upon by the court… it can solely form the basis of conviction.”

Forensic evidence further bolstered the prosecution’s case. DNA of the deceased was found on a pillow seized from Rai’s house, while his own DNA was found in the nail clippings of the child. Medical reports confirmed death by ligature strangulation, which was “sufficient to cause death in the ordinary course of nature.”

The case turned complex when the accused’s six-year-old son, Lakshay, the only eyewitness, turned hostile. He denied witnessing the killing but admitted that on the day of the incident, he, his sister, and his father were in the same room. He also confirmed that his father took Priyanshi to the hospital wrapped in a cloth.

The Court held that even hostile testimony cannot be discarded entirely, emphasizing, "“Even though PW-8 was declared hostile, his testimony cannot be discarded in toto and it is relevant and admissible…”

The judgment drew heavily on the doctrine of circumstantial evidence, holding that Priyanshi died in the custody of her father inside a closed space. The Court rejected Rai’s defense of false implication, pointing to his failure to explain how his daughter sustained fatal injuries.

Judge Chauhan concluded, “The deceased Priyanshi had died due to asphyxia due to strangulation in the house occupied by her father, i.e the accused. She was in the custody of the accused since the night before her death. Apart from the accused, only his 6-year-old son was present in the house, and he cannot be said to have killed Priyanshi.”

Conclusively, the Court held: “It has been proved beyond reasonable doubt that the accused murdered his daughter Priyanshi by strangulating her neck with a wire with intention to cause her death.”

The Court accordingly convicted Viraj Rai under Section 302 IPC, handing down the gravest indictment a father could face: the deliberate killing of his own child. "This court is of the considered opinion that the prosecution has led cogent and reliable evidence to prove the allegations against accused.... Hence, he is liable to be punished for offence punishable under Section 302 IPC. Accordingly, accused Viraj Rai S/o Ram Prakash is convicted under Section 302 IPC," the ASJ said.