Delhi HC Suspends Life Sentence Of Woman Convicted In Murder Case, Cites 11 Years Incarceration And Plight Of Minor Children [Read Judgment]

New Delhi: The Delhi High Court has suspended the life sentence of a woman convicted of murder, taking into account her prolonged incarceration, satisfactory conduct in jail, and the welfare of her three minor children, including a two-year-old currently living with her in prison.

The Division Bench comprising Justice Vivek Chaudhary and Justice Manoj Jain passed the order in Crl.A. 941/2024 (Rajia @ Sabbo vs. State of NCT of Delhi) while hearing her plea for suspension of sentence pending appeal. The appellant had been convicted along with her husband, Jamir, for the brutal murder of one Saleem in 2011. Both were sentenced to rigorous imprisonment for life by the trial court under Sections 302, 201, and 120B IPC.

According to the prosecution, Saleem, the deceased, had been missing since June 17, 2011. His dismembered body was later recovered from two separate locations in Ghaziabad, packed in plastic bags. The investigation suggested that Jamir suspected his wife, Rajia @ Sabbo, of having an illicit relationship with Saleem and that both accused conspired to kill him. Acting on their disclosure, the police recovered the remains of the deceased and the alleged weapons of offence — a gandasa and two knives — from a co-accused’s house.

During the hearing, counsel for the appellant argued that there was no direct evidence linking her to the act of murder. The case, he contended, rested entirely on circumstantial evidence and speculative motive. He further pointed out that no recovery was made from the appellant’s possession and that her conduct in jail had been exemplary; she worked as a Crèche Sahayak and supported her children and aged parents.

The Court observed that although the alleged motive for the crime was an illicit relationship between the deceased and the appellant, such a claim did not appear credible. “If there was any such illicit relationship, it is not comprehensible as to why the appellant herein would kill him,” the Bench noted, adding that the alleged motive did not seem forceful enough to sustain the inference of guilt.

The Bench also took into consideration her gender and family circumstances. “We are 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,” the order read. It further observed that her other two children were under the care of her aged parents, both in their nineties, who were unable to look after them properly.

The Court emphasized that while the offence was serious, continued incarceration of the appellant, who had already spent over ten years and nine months in custody, would serve little purpose, especially when her appeal was unlikely to be heard in the near future.

Accordingly, the Bench suspended her sentence on furnishing a personal bond of ₹25,000 with one surety in the like sum, directing her not to leave the country or contact the family of the deceased. The Court clarified that the observations made in the order were limited to the consideration of the bail plea and would not affect the merits of the appeal.

Appearance:
Mr. Anwesh Madhukar, Advocate (DHCLSC) with Ms. Prachi Nirwan, Mr. Ishat Singh Bhati, and Mr. Gaurav Chahal appeared for the appellant. Mr. Ritesh Kumar Bahri, APP, along with Mr. Akhilesh Tiwari, Ms. Divya Yadav, and Mr. Lalit Luthra appeared for the State, assisted by SI Anil from PS Seema Puri.

Case Title: Rajia @ Sabbo vs. State of NCT of Delhi

[Read Judgment]