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Synopsis

In a significant verdict, the Tis Hazari court in Delhi has handed down life sentences to three individuals for the 2018 honour killing of 23-year-old photographer Ankit Saxena. The convicted are members of the victim's Muslim girlfriend's family: her father, mother, and maternal uncle. They were found guilty of murdering Saxena due to his interfaith relationship, an act that had shocked the capital four years ago.

Presiding over the case, Additional Sessions Judge Sunil Kumar Sharma, sentenced Akbar Ali and Shahnaz Begum, the parents of the victim’s then girlfriend and the woman's maternal uncle Mohammad Salim to rigorous life imprisonment for committing the offences under Indian Penal Code (IPC) sections 302 (murder) and 34 (common intention). The court also imposed a fine of Rs 50,000 on each of the convicts. The fines collected will be given to the family of the victim as part of the court's order.

“After balancing the aggravating and mitigating circumstances, if the court comes to the conclusion that there is a possibility of rehabilitation of the convicts, a death sentence is not justified,” the court noted, while delivering the judgment.

The crime, which took place in February 2018 in West Delhi's Raghubir Nagar, was the result of the victim's relationship with a girl from a different religious background. Saxena was ambushed and his throat slit in public view following an altercation with the family of his girlfriend, who the court records identify only as ‘Shehzadi’.

During the trial, the prosecution, led by Senior Advocate and Special Public Prosecutor for the State, Rebecca M. John, successfully argued that the murder was a premeditated act fuelled by communal intolerance.

The defence, led by Counsel Amjad Khan, highlighted the accused's prolonged judicial custody. It pleaded for leniency based on the convicts' lack of prior criminal records and age, contrasting sharply with the prosecution's argument, emphasising the planned and brutal nature of the murder.

Ankit’s mother, Kamlesh Saxena, had warranted a death penalty for the convicts. However, acknowledging the convicts' family responsibilities and the time already served by the convicts, Judge Sharma stated that the nature of the offence did not warrant the death penalty but justified life imprisonment due to its heinous nature. While the court firmly condemned the murder rooted in communal bias, it deemed the sentence awarded by it appropriate. In this regard the court said, “this court is of the opinion that it is not a fit case for imposition of the death penalty.”

In response to the public outcry and the family's ordeal, Delhi Chief Minister Arvind Kejriwal had assured the Saxena family of justice and underscored the Delhi government's commitment to addressing and preventing such barbaric acts of violence.

The victim's family has suffered immensely, facing both emotional and financial hardship. It has received Rs 15 lakh from the Delhi Government but had not received court-ordered compensation prior to this ruling.

Counsel Siddharth Mehta, representing Kamlesh, highlighted her dire situation and the significant impact of her son's loss on her life. Despite receiving compensation from the Delhi Government, the Saxena family has faced significant challenges, exacerbated by the passing of Yashpal Saxena, Ankit’s father.

After the ruling, Kamlesh said, "I lost everything but they are enjoying life even behind bars. They have no remorse. Justice will be delivered only when they are hanged,” asserting her intention to appeal against the quantum of sentence before a higher court.

[Source: PTI]