1 week ago
Tahir Hussain Appeals Delhi High Court Life Sentence
Tahir Hussain, a former local politician, has asked the Delhi High Court to review his conviction and life sentence.
The case concerns the killing of Ankit Sharma during riots in northeast Delhi in 2020.
Sharma’s body was found in a drain.
A lower court convicted Hussain and four other people of murder.
The court gave them life sentences instead of the death penalty.
Prosecutors had asked for the death penalty because they described the killing as extremely brutal.
Hussain’s lawyers said he was part of a crowd but was not shown to have personally attacked Sharma.
They also said the court did not find proof of a criminal conspiracy.
The High Court is expected to list the appeal for a hearing soon.
Former AAP councillor Tahir Hussain has challenged his conviction and life sentence in the Ankit Sharma murder case before the Delhi High Court.
Ankit Sharma was killed in Delhi’s Dayal Pur area during the 2020 North East Delhi riots, and his mutilated body was recovered from a drain.
A Karkardooma Court convicted Hussain and four others on July 13 and sentenced them to life imprisonment on July 31.
The trial court acquitted the five convicts of criminal conspiracy and acquitted six other accused of all charges.
The prosecution sought the death penalty, while the defence argued that Hussain had no specific role and that the case was not among the rarest of rare cases.
- Who
- Former Aam Aadmi Party councillor Tahir Hussain, Ankit Sharma, four co-convicts, the prosecution, and the defence lawyers.
- What
- Tahir Hussain has challenged his conviction and life sentence in the Ankit Sharma murder case.
- Where
- The killing occurred in the Dayal Pur area of northeast Delhi; the appeal has been filed in the Delhi High Court, following proceedings in Karkardooma Court.
- When
- Ankit Sharma was killed during the February 2020 riots; Hussain and four others were convicted on July 13 and sentenced on July 31. The appeal is likely to be listed in the coming week.
- Why
- Hussain is challenging both the conviction and sentence, while arguing that no specific role or criminal conspiracy was proved against him.
Defence Arguments
Prosecution Arguments
Appropriate punishment
Defence Arguments
The defence argued that the death penalty cannot be imposed in every murder case and that aggravating and mitigating factors should be assessed. It said the case was not among the rarest of rare cases.
Prosecution Arguments
The prosecution sought capital punishment, describing the killing as deliberate, cold-blooded, and exceptionally brutal.
Tahir Hussain’s role
Defence Arguments
The defence said no specific role was attributed to Hussain, his conviction involved vicarious liability and common intention, and the prosecution failed to prove conspiracy.
Prosecution Arguments
The prosecution argued that every member of the mob could be held liable and that, as a councillor and public servant, Hussain had a duty to save Sharma.
Nature of the attack
Defence Arguments
The defence said Sharma was taken by a crowd and that the case was not comparable to cases resulting in death sentences. It also cited Hussain’s satisfactory conduct in custody.
Prosecution Arguments
The prosecution said Sharma suffered 51 injuries, seven of which were sufficient to cause death, and was dragged after being tied before being thrown into a drain.
Key facts
- Accused appealing
- Tahir Hussain, a former Aam Aadmi Party councillor
- Victim
- Ankit Sharma, an Intelligence Bureau official
- Incident
- Murder during the North East Delhi riots in 2020
- Trial court
- Karkardooma Court
- Conviction and sentence
- Convicted on July 13 and sentenced to life imprisonment on July 31
- Other convictions
- Nazim, Kashim, Javed, and Anas also received life sentences
- Acquittals
- The accused were acquitted of criminal conspiracy, while six other accused were acquitted of all charges
- Financial penalties
- A fine of Rs. 5 lakh was imposed on Tahir Hussain and Rs. 25,000 on each of the other four convicts
Quotes
Madhukar Pandey
Special Public Prosecutor who sought the death penalty for the convicts.
“The aggravating and mitigating factors should be assessed.”
republicworld.com
“They did not remain human while committing the offence.”
republicworld.com
Karkardooma Court
The trial court that convicted and sentenced Tahir Hussain and four other accused.
“The crime was heinous, barbarious, that shook the conscience of society. The deceased was dragged like an animal after the murder.”
republicworld.com
Sources
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