Man faces trial for abandoning biological son

Fast Track Court of Additional Sessions Judge Kaveri Baweja dismissed Diwan Singh's plea against framing of charges against him by the magisterial court, saying 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 discovery of a child abandoned in bushes inside the college premises on October 14, 2003.

Following the discovery of the child, one Rajinder Singh told the Desh Bandhu Gupta Road police that the child was born to his niece, who was "sexually 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 her 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 the child over to him and asked him to take care of the girl. But Diwan went away with the child, leaving behind the girl, who eventually died due to lack of requisite medical care after the delivery.

The same child was found abandoned later, Rajinder told the police, which arrested Diwan and sent him up for trial after getting his DNA test done.

The magisterial court charged Diwan under Sections 317 and 304 A of the IPC for abandoning the child and its mother, and letting her die out of his negligence respectively.

Abandoning a child below 12 years of age attracts a jail term of seven years under Section 317 of the IPC, while causing death due to negligence under Section 304 A entails up to two years of imprisonment.

Dismissing accused Diwan's contention that the magistrate had framed charges against him despite paucity of evidence against him, Baweja said, "At the time of framing of charge, a roving enquiry is not to be conducted and prima facie material on record is sufficient to charge the accused" and begin 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 DNA sample of the accused shows that it is he who is the biological father of the abandoned male child."