Dubai: A man has been cleared of kidnapping a five-day-old baby and threatening to throw her off the balcony, after his lawyer said he didn't have any criminal motive.
The Dubai Court of First Instance acquitted the 35-year-old Indian man, S.S., of kidnapping with deception the Indian baby girl and threatening to jump off the balcony of a hotel in Dubai Marina.
His lawyer Eisa Bin Haider told the court his client did not have any criminal motive or intention as he was ‘heavily drunk'.
"We ask the court to pronounce S.S.'s innocence because he lacked any criminal motive. He had heavily imbibed liquor when the incident happened. He was confused and believed that the girl was his own child because he had a girl who is almost the same age," argued Bin Haider.
"The court has acquitted S.S. of kidnap and threat… however he will be referred to the Dubai Misdemeanor Court where he will be prosecuted for drinking liquor," said Presiding Judge Maher Salama Al Mahdi in courtroom seven yesterday.
‘Carried safely'
Prosecutors charged S.S. with deceiving the baby's 35-year-old Indian mother, kidnapping the girl and threatening to jump from the window along with the baby. He was also accused of drinking.
Advocate Bin Haider contended before the court: "The police lieutenant, who talked the suspect into giving the girl back to her mother, testified before that my client carried the baby safely in his hand. The lieutenant also testified that S.S. carried the baby in a way that showed he cared for her safety… he didn't seem like someone who seriously wanted to throw her off the balcony." Bin Haider provided the court earlier with a written waiver obtained from the mother.
Intoxicated
Gulf News learned that the mother wrote in the waiver that S.S. did not kidnap the baby or threaten to throw her and that "he did not have any criminal intention because he was intoxicated".
"I did not kidnap or threaten to throw her. I am innocent… but I consumed liquor," S.S. said in court.
Prosecutors said S.S. abused the fact that the mother, J.N, went to get a head cover for her baby before he took the girl and went to his residence. S.S. refused to allow the parents to take the baby back. He threatened to hug the girl and jump with her from the window if J.N. and her husband tried to take the baby from him.
The primary judgment remains subject to appeal within 15 days.
