Delhi High Court Suspends Sentence Of Woman Convict After 10 Years In Jail, Cites Welfare Of Her Three Minor Children

The Delhi High Court has suspended the life sentence of a woman, convicted for murder of her alleged paramour, citing concerns about the well being of her three children.While two children resided with her aged parents, her third two-years old child remained with her in prison.“Appellant is a lady and that her one child, who is barely two years old, is with her in the prison, and her aged parents may not be in best position to take their adequate care,”a division bench comprising Justices Vivek Chaudhary and Manoj Jain said.As per prosecution, Appellant was in an illicit relationship with the deceased. It was alleged that she, along with her husband Jamir, chopped the deceased's body. The body parts were allegedly recovered at the instance of the duo.seeking suspension of sentence and consequent release during pendency of the appeal. In her appeal, the woman argued that no recovery had been made her instance nor was any incriminating article recovered from her possession. The alleged recoveries, if any, were made at the instance of co-accused Jamir.She also submitted that she is the mother of three minor children, one of whom is barely two years old and presently with her in the prison, while the other two are under the care of her aged parents, who are 91 and 85 years old and incapable of properly maintaining them.The state opposed the plea for suspension of sentence citing the extremely heinous and gruesome nature of the offence.The High Court however observed that Appellant has undergone incarceration for more than ten years and nine months and 13 days and her conduct in jail has been satisfactory.“Fact remains that if there was any such illicit relationship, it is not comprehensible as to why appellant herein would kill him. Undoubtedly, her husband, a co-accused herein, may have grudge or vendetta against the deceased, but the motive attributed to the appellant does not appear to be forceful enough,” it observed.The Court was further of the view that it cannot be said that there was any specific recovery, solely, at the instance of the appellant.“We are also concerned about the fact that the appellant is a lady and that her one child, who is barely two years old, is with her in the prison, and her aged parents may not be in best position to take their adequate care,” it added and suspended the sentence on her furnishing personal bond in a sum of Rs. 25,000/-, with one surety in like amount.Appearance: Mr.Anwesh Madhukar, Adv. (DHCLSC) with Ms. Prachi Nirwan, Mr. Ishat Singh Bhati and Mr.Gaurav Chahal, Advs for Appellant; Mr.Ritesh Kumar Bahri, APP with Mr. Akhilesh Tiwari, Ms.Divya Yadav and Mr. Lalit Luthra, Advs. with SI Anil, PS Seema Puri for RespondentCase title: Rajia @ Sabbo v. StateCitation: 2025 LiveLaw (Del) 1350Case no.: CRL.A. 941/2024 Click here to read order

Delhi High Court Suspends Sentence Of Woman Convict After 10 Years In Jail, Cites Welfare Of Her Three Minor Children

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