Ankit Saxena murder case: Court directs convicts and prosecution to file their affidavits
New Delhi: The Tis Hazari Court on Monday directed the convicts and prosecution to file affidavits related to assets and liability and stated that the prosecution shall file the affidavits on expenses incurred on trial of the case.
Additional Sessions Judge (ASJ) Sunil Kumar Sharma directed to file the affidavits and fixed the matter on January 31.
The court on January 6, 2024 directed to file affidavits. Today, an affidavit filed on behalf of convict Mohd. Salim but it was not attested by the jail Superintendent.
Other accused Akbar Ali's counsel also submitted that accused wants to add some details in the affidavit and he sought time.
The counsel also raised objection on media reporting of the case and submitted that this case being reported daily. It will hamper the right of the convicts. He seeks a direction for a van on media reporting.
Special public prosecutor opposed the contention and submitted that the matter is over and judgement has been passed. The judgement of a court is a public document. This case be reported by the media.
The court asked the counsel to move an application in this regard. This case pertains to an incident of murder of an youth in Kyala area in 2018.
On December 23, 2023 the court had convicted parents and maternal uncle of girl for murdering her lover Ankit Saxena in February 2018.
An FIR was registered in Khyala Police Station in this case against the convicts. Ankit Saxena was in love with a girl of different religion. This relation was not acceptable to the family of girl.
Ankit, a photographer by profession, was killed by her father and maternal uncle by slitting his throat on road in West Delhi's Khyala.
Additional Sessions Judge (ASJ) Sharma after considering the evidence and and testimonies of witnesses held Mohd. Salim, Akbar Ali and his wife Shahnaz Begam guilty for the offences of murder etc.
ASJ Sharma said, "It can be safely concluded that the prosecution has proved its case beyond reasonable doubts 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 had committed the murder of 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 December 23, 2023.
Additionally, the court had also convicted Shahnaj Begum for assaulting the mother of Ankit Saxena when she was trying to protect her son from the assailants.
The court said that the prosecution has also proved its case beyond reasonable doubts 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 A-3 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, "The truth should be the guiding star in the entire judicial process. Truth is the foundation of justice. Dispensation of justice, based on truth, is an essential feature in the justice delivery system."
"People would have faith in the courts when truth alone triumphs. The justice based on truth would establish peace in the society," the court added.
The court further said that 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.
ASJ Sharma added that the Apex Court in Zahira Habib Ullah Sheikh v. State of Gujarat also remind the courts and judges of their sacrosanct duty to uphold these sublime values and vindicate the triumvirate of Truth, Law and Justice.
As per prosecution, deceased Ankit Saksena was murdered in the night of February 1, 2018, near Blind University in Raghuveer Nagar by the three convicts and minor brother of the girl.
It was alleged that Mohd. Salim caught hold of the right hand, juvenile brother caught hold of left hand, Akbar Ali caught hold of hair and slit the throat of Ankit Saxena. Thereafter, Ankit fell down in the footpath.
His parents were also present and trying to protect her son. They were shocked to see their son in 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 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 eye witness of the incident. Ankit's mother was also cited as a witness. His friend Anmol Singh was also cited as an eye witness.
The minor's case is pending before the juvenile justice board.