Ankit Sharma murder: Tahir Hussain, 4 others get life, not death

Delhi's Karkardooma court awarded life sentences to Tahir Hussain and four others in the Ankit Sharma murder case. It declined the death penalty, disagreeing with the Delhi Police's plea and noting the convicts were not beyond reformation.

Delhi's Karkardooma court declined capital Punishment after disagreeing with the submissions of Delhi Police that Tahir Hussain and other convicts are beyond reformation; they are a menace to society even in prison. The court disagreed with the submissions and awarded a life sentence to Tahir and 4 other convicts, Nazim, Kashim, Javed and Anas, in the Ankit Sharma murder case of February 2020.

Court Observes 'Utmost Brutality'

"The manner in which it was committed was of the utmost brutality. The victim was sucked in by the murderous mob, baying for blood, solely on account of his religion," the court observed. Additional Sessions Judge (ASJ) Praveen Singh awarded a life sentence and other sentences to all five Convicts on Friday.

The court was of the view that there are chances of reformation of the convicts. "I accordingly find that mitigating circumstances coupled with the fact that the convicts have not been found beyond reformation, balance the scales. Thus, I find myself unable to agree with Special Public Prosecutor (SPP) that the convicts are beyond reformation, or have such fiendish character that their continued existence, even in prison, will be a menace to society," ASJ Praveen Singh said in the sentence order passed July 31.

While sentencing the convicts, the court noted that the present crime was committed during the communal violence that erupted in the wake of the protests against CAA/NRC. The court pointed out, "The assault was so fierce, unrelenting, and from such close quarters that even in death, the body did not immediately slump to the ground. The savagery, however, did not end there. The body of the victim was strapped like an animal and dragged to the Chand Bagh Pulia. As if the hatred had still not been satiated, the dead body was thereafter thrown into the nala."

"Therefore, the barbarity with which this horrendous murder was committed is nauseatingly sickening. This, therefore, is an aggravating circumstance of immense magnitude. The crime test, thus, tilts the present case towards the category of the "rarest of rare" cases," the court pointed out.

Reformation Chances a Key Factor in Sentencing

"However, the final test that law requires me to undertake before I conclude that this case invites capital punishment is whether the convicts are beyond redemption, there being no chance of reformation?" the court said.

The court said that Capital Punishment can be awarded when the State establishes that the convict has travelled so far down the road to perdition that there is no coming back, and that he has become a menace of such magnitude that society must be rid of him, and that capital punishment is to be resorted to.

Mitigating Circumstances Considered

While sentencing the convicts, the court also took note of the low education of four convicts and said they were more gullible when the information was spread during the riot situation. The court observed, "However, the present offence was committed at a time when vested interests, by spreading misinformation, had whipped up a religious frenzy."

The court said that, "the convicts, particularly Javed, Anas, Kasim, and Nazim, being uneducated, would have been more gullible and susceptible to such propaganda. Persons with little or no education are generally less equipped to critically evaluate misinformation, verify the truthfulness of inflammatory claims, or resist manipulation by those who seek to exploit communal tensions."

"I am, therefore, of the view that the educational background of the convicts, particularly their susceptibility to manipulation in an atmosphere vitiated by misinformation and communal frenzy, constitutes a relevant mitigating circumstance while determining the appropriate sentence," ASJ Singh said in the order.

Breakdown of Sentences

The court sentenced Tahir Hussain to imprisonment of 6 months and a fine of Rs. 1000 under section 188 IPC. The court also sentenced Tahir Hussain to two years and a fine of Rs 20,000 under Section 147 IPC read with Section 149 IPC; he is additionally sentenced to three years and a fine of Rs 25,000 under Section 148 read with Section 149 IPC. He is also sentenced to 3 years' imprisonment and a fine of Rs 25,000 under Section 153A read with Section 149 IPC. He has been sentenced to 7 years Imprisonment and fine Rs 50,000 for the offence of Kidnapping under section 365 IPC read with section 149 IPC. Additionally, he has been sentenced to life Imprisonment and a fine of Rs 50,000 for the offence of murder under section 302 IPC read with section 149 IPC.

Other 4 convicts have been sentenced for life Imprisonment for the offence of Murder and fine of Rs 25,000, 7 years Imprisonment and fine of Rs 10,000 for the offence of Kidnapping, 6 months Imprisonment and fine of Rs 1,000 for the offence under 188, 2 years Imprisonment and fine of Rs 4,000 for the offence of Rioting under section 147, 3 years Imprisonment and Fine of Rs 5,000 for the offence of Rioting with lethal weapon under section 148, 3 years Imprisonment and fine of Rs 5,000 for the offence of promoting enmity between communities under section 153 A IPC read with section 149 (unlawful assembly) of IPC.

(ANI)

(Except for the headline, this story has not been edited by Asianet Newsable English staff and is published from a syndicated feed.)