Soumya Vishwanathan murder: Accused dependent on proceeds of crime for livelihood, Court rules

New Delhi [India], October 18 : Delhi's Saket Court on Wednesday convicted five accused in Journalist Soumya Vishwanathan murder case under provisions of the Maharashtra Control of Organised Crime Act (MCOCA).
During the proceedings, the court ruled that it is proved that the accused were dependent on the proceeds of crime for their livelihood.
The court based its judgement on circumstantial evidence, scientific evidence and statements of eyewitnesses who identified the accused persons.
The court said, "It is duly proved by the prosecution that accused persons were dependent for their livelihood on the proceeds of the organized crime as committed by their organized crime syndicate and they did not led any evidence that they were having any other pecuniary source for their livelihood, so the presumption is drawn as per Section 17 (2) of the MCOC Act against the accused persons that the pecuniary resources for the livelihood of the accused persons were acquired or derived from the illegal activities of the organized crime syndicate and defence of the accused persons in that regard is also rejected."
The court said that the prosecution has also duly proved beyond all reasonable doubt the charge of offence punishable under sections 3(1)(i) of MCOC Act against the accused Ravi Kapoor and co-accused persons namely Amit Shukla, Ajay Kumar and Baljeet Malik and accordingly, they are held guilty and convicted for charge of commission of offence punishable under sections 3(1)(i) of MCOC Act, 1999.
The court also convicted four accused Ravi Kapoor, Amit Shukla, Ajay Kumar and Baljeet Malik for the offence of murder.
"The court is of the considered view that prosecution has duly proved beyond all reasonable doubt that accused Ravi Kapoor and his other associates co-accused Amit Shukla, Ajay Kumar and Baljeet Malik had committed the murder of the victim Soumya Vishwanathan with the intention to rob her on September 30, 2008 in between 03.25 am to 03.55 am at Nelson Mandela Marg," the judge said.
They are accordingly held guilty and convicted for charge of offence punishable under sections 302/34 IPC, judgement read.
"Prosecution has duly proved by producing the circumstantial evidence, scientific evidence and eye witnesses who identified the accused persons Ravi Kapoor, Amit Shukla, Ajay Kumar, Baljeet Singh Malik to corroborate the confessional statement of the accused Ravi Kapoor as recorded under section 18 of the MCOC Act to establish the fact that accused Ravi Kapoor in furtherance of common intention with the accused persons Amit Shukla, Ajay Kumar and Baljeet Singh Malik had murdered the deceased/victim Soumya Vishwanathan with the bullet fired by country made pistol," ASJ Pandey said.
"It is proved from the above discussion that accused Ajay Sethi used to provide the necessary facilities to the co-accused Ravi Kapoor, Amit Shukla, Baljeet Malik and Ajay Kumar in the commission of offence of the organized crime syndicate led by accused Ravi Kapoor," the court said in the judgement passed on Wednesday.
The court also said that the prosecution has also duly proved beyond all reasonable doubt that accused Ajay Sethi retained knowingly and intentionally the offending car originally stolen from Vasant Kunj and he is accordingly held guilty and convicted for charge of offence punishable Under section 411 IPC.
He has been also convicted under sections of MCOCA. While convicting him the court said that the prosecution has also duly proved beyond all reasonable doubt that accused Ajay Sethi abetted or knowingly facilitated the commission of organized crime by the organized crime syndicate led by accused Ravi Kapoor having its other members Amit Shukla, Baljeet Malik, Ajay Kumar.
"He also used to hold the property derived or obtained from the proceeds of organized crime of the organized crime syndicate and the charge regarding the same for commission of offence punishable under MCOCA. Accordingly, he is held guilty and convicted for charge of offence punishable under sections 3(2) of MCOC Act and charge of offence punishable under sections 3(5) of MCOC Act, 1999," ASJ Pandey said.
As per prosecution, on September 30, 2008, in between 03.25 am to 03.55 am, near Pole No.
78, at Nelson Mandela Marg, New Delhi, the accused persons namely Ravi Kapoor, Amit Shukla, Ajay Kumar and Baljeet Singh Malik had committed the murder of deceased/victim Soumya Vishwanathan, daughter of MK Vishwanathan by firing the bullet through country made pistol in order to rob her.
The said bullet was fired by the accused Ravi Kapoor while targeting the victim when the accused persons were chasing the victim's car through the accused person's car being
driven by the accused Ravi Kapoor in order to rob the victim.
It was further alleged that the victim was chased by the accused persons when she was returning from her office to her home and accused persons chased the victim's car in order to rob her as she was travelling alone in her car.
It was allegation against the co-accused Ajay Sethi that on 06.04.2009, at the parking of Sector -14, Faridabad, Haryana Market, he was found in possession of stolen car belonging to Gaurav Singh. The said car was used in the commission of offence against the deceased/victim Soumya Vishwanathan by the other co accused persons namely Ravi Kapoor, Amit Shukla, Baljeet Malik and Ajay Kumar.
It was further alleged that after the arrest of the accused persons namely Ravi Kapoor, Amit Shukla and Baljeet Malik in the Jigisha Ghosh murder case their criminal activities were studied during the investigation.
It was found that accused Ravi Kapoor and his other associates/co-accused persons were involved in the continuous unlawful activities by involving themselves in the cases in which violence or threat of violence was used for their joint pecuniary benefits for their livelihood and they were found to be members of organized crime syndicate led by accused Ravi Kapoor.