Ankit Saksena murder case: Delhi HC issues notice on appeal by girl's maternal uncle against conviction, life sentence

New Delhi [India], July 25 : The Delhi High Court issued notice to the Delhi Police on an appeal moved by Mohd Salim, who has been convicted in the Ankit Saksena murder case.
He, along with his sister and brother-in-law, were awarded a life sentence by the court for murdering Ankit Saksena, who had an affair with his sister's daughter.
The division bench of justices Prathiba M Singh and Amit Sharma issued notice to the Delhi Police on Wednesday and sought a response. His nominal role has also been called upon by jail authorities.
The matter has been listed on September 12 for further hearing.
Mohd Salim has challenged the trial court judgement that convicted and sentenced him. Advocate Ajay Verma appeared for the appellant, Mohd Salim.
The girl's parents, Akbar Ali and Shehnaj Begam, have already challenged the trial court judgement.
Ankit Saksena was murdered in 2018 over an interfaith love affair.
On March 7, 2024 Tis Hazari Court sentenced Mohd Salim, his sister Shehnaj Begam and husband Akbar to life imprisonment.
The court had also imposed a fine of Rs 50,000 on each convict. The fine amount will be given to the mother of Ankit Saksena as compensation.
Additionally, the court sentenced Shehnaj Begam to three months imprisonment for assaulting the mother of Ankit Saksena and fined Rs one thousand.
The court said that in view of the facts and evidence of the case, this doesn't fall under the category of rarest of rare case. So death sentence can't be awarded.
In this case, parents and maternal uncle of a girl who had an affair with Ankit have been convicted of his murder in 2018.
On December 23, 2023, the court convicted the parents and maternal uncle of the girl for murdering her lover, Ankit Saksena.
An FIR was registered in Khyala Police Station in this case against the convicts.
Ankit Saksena was in love with a girl of a different religion. This relationship was not acceptable to the family of the girl. Ankit Saksena, a photographer by profession, was killed by her father and maternal uncle by slitting his throat on a road in West Delhi's Khyala.
ASJ Sharma, after considering the evidence and testimonies of witnesses, held Mohd Salim, Akbar Ali, and his wife Shahnaz Begam guilty of the offence of murder.
ASJ Sharma said, "It can be safely concluded that the prosecution has proved its case beyond reasonable doubt against all the accused persons, namely Mohd Salim, Akbar Ali and Shahnaj Begum that all the aforesaid accused persons in furtherance of their common intention, murdered deceased Ankit Saxena.
"Therefore, all the accused persons stand convicted for the charge of the offence punishable under Section 302/34 IPC, "the court ordered on January 6, 2024.
Additionally, the court has also accused Shahnaj Begum of assaulting the mother of Ankit Saksena, when she was trying to protect her son from the assailants.
The court said that the prosecution has also proved its case beyond reasonable doubt against the accused, Shahnaj Begum, that she assaulted Kamlesh Saxena when she was trying to protect her son from the accused persons.
"Therefore, the accused, Shahnaj Begum, also stands convicted for the charge of the offence punishable under Section 323 IPC, "the court said.
While convicting the accused persons, the court said, "Truth should be the guiding star in the entire judicial process. Truth is the foundation of justice. The dispensation of justice based on truth is an essential feature of the justice delivery system.
"People would have faith in the courts when truth alone triumphs. Justice based on truth would establish peace in society, "the court added.
The court further said, "Every criminal trial is primarily a voyage of discovery in which the truth is the quest. Truth and justice are the two most reverent values apotheosized by mankind since time immemorial.
"However, in a criminal trial, there are situations when truth seems to be obscure and justice appears to be obfuscated under the mist of chicanery and mendacity," the court added.
The Apex Court in Zahira Habib Ullah Sheikh v. State of Gujarat also reminded the courts and judges of their sacrosanct duty to uphold these sublime values and vindicate the triumvirate of truth, law and justice, ASJ Sharma said.
As per the prosecution, the deceased Ankit Saksena was murdered on the night of February 1, 2018, near Blind University in Raghuveer Nagar, by the three convicts and a minor brother of the girl.
It was alleged that Mohd. Salim caught hold of the right hand, the juvenile brother caught hold of the left hand, and Akbar Ali caught hold of the hair and slit the throat of Ankit Saksena. Thereafter, Ankit fell down on the footpath.
His parent were also present and trying to protect their son. They were shocked to see their son in a pool of blood. He was taken to hospital but was declared dead.
On the Complaint of Yashpal Saksena, an FIR was lodged at Police Station Khyala.
After the investigation, Delhi Police filed a charge sheet against Mohd. Salim, Akbar Ali and Shahnaj Begum under sections 302, 323 and 34 of the IPC.
Delhi police listed 28 witnesses to prove its case. Yashpal Saksena was the complainant and eyewitness to the incident. Ankit's mother was also cited as a witness. His friend, Anmol Singh, was also cited as an eyewitness.