[Breaking] Batla House encounter: Delhi Court awards death penalty to Ariz Khan, says case falls under "rarest of rare"

A Delhi Court has awarded the death penalty to Ariz Khan, who was recently convicted in the 2008 Batla House encounter case, in which a Police inspector was killed.

. The Court concluded that this was a case that fell under the "rarest of the rare" category, meriting the award of the death sentence for Khan.

. “ Convict on account of his despicable act has forfeited his right to live. After balancing mitigating circumstances against aggravating circumstances, it is concluded that it is a rarest of the rare case where convict deserves maximum sentence provided under law. It is the level of magnitude, decree of brutality, attitude and mindset of wrongdoer behind the crime alongwith other factors which make it a rarest of the rare case.. Interest of justice will be met if convict is awarded death penalty. ", the Court said.

. Sanjeev Yadav , Additional Sessions Judge, Saket opined that the natural and inescapable conclusion of Khan’s conduct was that there was no chance of his reformation.

. In his 22-page order, the Court further said that the abhorrent and brutal act of firing on police party without any provocation itself showed that Khan was not only threat to the society but was also an enemy of the State.

. It was thus concluded,

"The offence proved against accused is not an ordinary act but a crime against the State. Convict, while committing offence acted like a dreaded and well trained terrorist who does not deserve any leniency."

. A fine of Rs 11 lakh was also imposed on Khan, out of which Rs 10 lakh shall be released as compensation to the wife of the deceased police officer's wife.

. The matter has now been sent to the Delhi High Court for confirmation of death penalty.

. The Court had recently convicted Khan for commissions of offences under Sections 186 (Obstructing public servant in discharge of public functions) / 333 (Voluntarily causing grievous hurt to deter public servant from his duty) / 353 (Assault or criminal force to deter public servant from discharge of his duty) / 302 (Murder) / 307 (attempt to murder) /34 (common intention) IPC and Sections 27 (Punishment for using arms, etc) of Arms Act and Section 174A (Non-appearance in response to a proclamation) IPC.

. The Court said that in view of the evidence adduced on record by prosecution including ocular evidence of hundred witnesses, documentary evidence and scientific evidence, there was "no manner of doubt" that the case against Ariz Khan was proved beyond any reasonable doubt.

. The Court had found that it had been proved by the prosecution that on September 19, 2008, at about 11 AM at flat no. 108, L-18, Batla House, Jamia Nagar, New Delhi, Ariz along with his associates, including Shahzad who has already been convicted, in furtherance of their common intention, intentionally and knowingly committed murder by causing death of Inspector Mohan Chand Sharma by firearm, voluntarily obstructed the discharge of their public functions, assaulted and used criminal force, and caused grievous injury to other police officers.

. As per the prosecution case, while conducting a raid in connection with a serial blasts cases, the team of police officials was trapped in the drawing-room of the said house and was forced to resort to fire in self-defence.

. During the shootout, Inspector Mohan Chand Sharma and other police personnel sustained bullet injuries. While one of the terrorists present in the drawing-room also sustained bullet injuries, two of them including Ariz managed to escape from the flat in question through the main door.

. After being declared a proclaimed offender in 2009, Ariz Khan was finally arrested in 2018.

. Read the Order:

[Breaking] Batla House encounter: Delhi Court awards death penalty to Ariz Khan, says case falls under "rarest of rare"

Bar & Bench

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