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Delhi District Court

State vs 1. Sabana (In Jc) on 29 October, 2014

   IN THE COURT OF SH. SANJAY SHARMA : SPECIAL JUDGE (NDPS) /
 ADDL. SESSIONS JUDGE, (NORTH-EAST): KARKARDOOMA COURTS, DELHI


SC No.             :         12(I)/12
FIR No.            :         92/12
PS                 :         Jyoti Nagar
U/Sec.             :         302 IPC
Case ID            :         02402R0178902012

State              Versus         1.     Sabana (in JC)
                                         W/o Sh. Mohd. Anees
                                         R/o H. No. 541, Gali No. 1,
                                         Near Shani Bazar Chowk,
                                         Kardampuri, Delhi

Date of Judgment          :                      27.10.2014
Date of order on sentence :                      29.10.2014

ORDER ON "QUANTUM OF SENTENCE"

1.

I have heard Sh. I.H. Siddiqui, Ld. Addl. PP for the State and Ms. Geeta Bharti, Amicus Curiae for accused Sabana and considered their submissions.

2. Ms. Geeta Bharti, Amicus Curiae for accused Sabana submitted that accused Sabana is quite young and she is presently 23 years old. She submitted that accused Sabana was disturbed on account of divorce notice given by her husband and therefore, she caused the death of her daughter as she was quite hopeless and mentally disturbed. She submitted that the Court may consider the peculiar circumstances of the case and the fact that accused Sabana has a long life ahead and if proper education and vocational training is provided to her, she can lead a decent life in future.

3. Accused Sabana is 23 years old. At the time of commission of offence, she was around 20 years old. She was married to Mr. Anees on 22.09.2009 when she had not even completed 18 years. She did pass 9th class in the year 2005. However, she could not clear matriculation in the year 2006 and thereafter, she discontinued her study and married to Mr. Anees in the year 2009.

4. One may wonder as to how a mother can cause the death of her 9 month old daughter by strangulating her neck. It is beyond comprehension that a mother who had suffered the pain of keeping the child for 9 months can cause the death of her daughter. The next logical question strikes to the mind is what were the circumstances which compelled a mother to cause death of her daughter. Accused Sabana was not given proper education. She was not given any vocational training or equipped with any skill so as to enable her to lead a decent standard of life independently.

5. The present case exposes the harsh reality as to how we treat our daughters. Instead of providing them proper education and skill to live their life independently, our anxiety is to pass on them to the next person as a burden in the form of a ritual which we call a marriage. Poverty, lack of education and fear of a dark future was the circumstances which compelled the accused to cause death of her only daughter.

6. Mr. Anees, husband of accused Sabana severed her relation with her by simply serving a divorce notice and made her future uncertain. On glimpse of the said notice, accused Sabana became disturbed as she was viewing her future dark and uncertain. She was living in her parents house at their mercy and she could not cope with the mental pressure exerted on her by the said divorce notice.

7. Had accused Sabana provided proper education and equipped with skills, she could not have taken the extreme step to cause death of her child. She would have been a confident person who could have maintained herself and her daughter independently without looking for support of her husband or parents.

8. In 'Manju vs. State', Crl. No. 168/2010 decided on 12.03.2010; Hon'ble Delhi High Court while dealing with an identical case observed as under:

"27. We wonder why India i.e. Bharat, in spite of all its talent is unable to march with the community of nations, with the head held high. Probably for the reason we treat 50% of the fellow citizens i.e. our sisters as inferior and junior partners in the march ahead without realizing that in the onward march if your fellow companion is made to lag behind, even your progress is slowed.

28. The medical papers pertaining to the appellant show that her parents married her of at the tender and immature age of 15 years. At this immature age, what role could the appellant play for herself as a housewife and a mother, except what was dictated to her and commanded upon her.

29. No doubt, by the time she became a mother, she had attained the age of majority, but that would be as per law. Whether at all can it be said that under the FIR No. 92/12 State Vs Sabana Page No. 3/8 circumstances she was mature enough to not only think for herself but fight the social environment around her? We think not.

30. The crime against the female child is a product of the perverse social norms and the perverse social thinking and the appellant who is not only illiterate, is not only poor, lives in a slum and was married at the tender age of 15 years cannot be attributed the role of scripting the crime. She is a mere puppet with the strings being pulled by the men who lecture her. The turbulent waves of social thinking have called her to folly and the desert has called her to doom."

9. The Court should not be considered as sympathetic towards accused who had committed a serious offence. The Court has placed on record its observations keeping in view peculiar circumstances of the case. A mother has been held guilty for committing murder of her daughter. It means even a mother has no right to cause death of her child. Every citizen is considered and independent person. A child is a supreme national asset. It is the duty of the State to ensure that every child is provided best education linked with some skill or some vocation so that the child may be able to earn his livelihood and contribute to the nation. Education in our country has become a parent oriented subject rather a State oriented subject. State must ensure that every child must receive proper education and such education should be linked with some skill. Such a person can face any adverse situation in his life. Had accused Sabana provided such education and skill, she would not have taken the extreme step of causing death of her daughter in view of uncertain future. She would have been capable of maintaining herself and her daughter.

10. I wonder as to whether the real culprit is the accused Sabana or the society who subjected her to social, educational and psychological deprivation. In an age when she should have been in a school, she was married. In an age when she should have been pursuing her career or dreams, she was made to give birth a child. In an age when she was entitled to love and affection to her husband, she was turned out from her matrimonial house. At a time when she needed psychological and emotional support, a divorce notice was sent by her husband in order to divorce her. I wonder as to how and till what time such type of social malaise would exist in modern India.

11. Prosperity and development of a nation is not measured in terms of heights of the concrete structures but the manner in which a nation treats its women folk and children.

12. In 'Manju vs. State' (supra); Hon'ble Delhi High Court observed as under:

"32.....But for record we note that in the decision reported as AIR 1974 SC 799 Ediga Anamma Vs. State of A.P. where the murder was a young unmarried woman suffering from socio-economic compulsions and general social pressures had actuated the crime, it was held that these warrant judicial notice. In the decision reported as AIR 1981 SC 644 Ram Shankar Vs. State of M.P., with reference to facts attracting clemency the Supreme Court recommended to the State to remit or reduce the sentence. In the decision reported as 1999 Crl. LJ 487 Kethankamani Vs. State of Kerala noting Rule 131 of the Criminal Rules of Practice, Kerala 1982 the Supreme Court recommended to the Government to consider the matter of remission of sentence upon the appellant therein."

13. Hon'ble Delhi High Court observed further as under:

"35. We concluded by dismissing the appeal but while so doing direct the Register of this Court to send a copy of this decision to the Secretary Law & Justice, Govt. of NCT Delhi with a covering letter drawing the attention to the learned Secretary, Law & Justice, Govt. of NCT Delhi to place the decision before the appropriate authority drawing attention to the facts of the instant case and our observations in paras 31 and 32 above and decided whether appropriate rules needed to be framed and if the rules are framed to place the matter before the appropriate authority as per the rules to decide whether the sentence of imprisonment for life inflicted upon the appellant can be reduced or whether she can be pardoned. If such a decision has to be taken the authority concerned would take into consideration that the appellant is an illiterate lady who comes from a poor socio-economic background, she saw no youth being married at the age of 15 years. Her thinking and rationale could not develop as is expected in a democratic society as she got no education."

14. Accordingly, accused Sabana is hereby sentenced to imprisonment for life and a fine of Rs. 1000/- and in default, simple imprisonment for 7 days for committing offence U/s. 302 IPC.

15. Placing reliance on the judgment in Manju Vs. State (supra), let a copy of the judgment and the present order be sent to the Secretary Law & Justice, Govt. of NCT of Delhi with a forwarding letter with the request to place the matter before the appropriate authority to consider as to whether imprisonment for life awarded to accused Sabana can be reduced or pardoned in view of young age and peculiar facts and circumstances of the case, as discussed above.

16. In order to ensure that accused Sabana is able to stand on her feet in future, some directions are required to the State regarding her education and vocational training, as under:

(a) Govt. of NCT of Delhi through Chief Secretary is hereby directed to ensure that proper psychological and social counselling is provided to accused Sabana so as to erase the sad memories of the past and to prepare her for future.

(b) Govt. of NCT of Delhi is directed to ensure that accused Sabana is admitted in 10th standard, preferably in the on going academic session and if necessary, special classes may be arranged for her so that she may be able to cover deficit and take up examination. She also be provided course books and requisite stationary items.

(c) Govt. of NCT of Delhi is further directed to ensure that accused Sabana is provided vocational training in computers or in any other subject of her choice or found suitable to her so as to enable her to take employment in any sector in future.

(d) Govt. of NCT of Delhi is further directed to explore the possibility of placing her in any private or government sector after completion of requisite academic and educational training/courses.

(e) Director General (Prison) shall personally ensure that directions given by this Court regarding education, vocational training and placement are complied with. He shall personally monitor the implementation of the direction.

(f) A copy of the present order be sent to Govt. of NCT of Delhi as well as DG Prisons for information and compliance.

17. A copy of the present order be provided to accused Sabana free of cost.

Announced in the open court SANJAY SHARMA on this 29th day of October, 2014. Special Judge NDPS (North-East) ASJ/KKD Courts/Delhi.