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01-21-2011, 10:35 PM #1
Indian-origin dad cleared of murdering infant son after 19 yearsNearly two decades after he was convicted for the death of his five-week-old son, an Indo-Canadian man has been told by a Canadian court that he is not guilty.
44-year-old Dinesh Kumar was wrongly implicated in the death of his son Gaurav due to the mistake of a prominent pathologist, who had claimed that the infant had been "shaken to death," the Ontario Court of Appeal in Toronto observed on Thursday, while quashing his conviction and acquitting him outright.
Wiping his tears after the court verdict, Kumar said he has lived under stigma all these years because of his false conviction for criminal negligence in the death of his son in 1992.
"I am very happy," said Kumar, who trained as a goldsmith in Punjab and migrated to Canada in 1991, only to find himself quickly entangled in a legal nightmare.
Speaking on behalf of a three-judge panel, Justice Marc Rosenberg told Kumar, the court recognises "the terrible toll this case has taken on you and your family over these last 20 years," Toronto Star' reported.
"We can now say the conviction in your case was unreasonable," he told Kumar, who was accompanied by his wife Veena and son Saurob, 19.
Forensic experts from North America and England , who had examined the evidence in the case since 2006, concluded that Gaurav probably died of natural causes resulting from a birth injury....being a human...