NEW DELHI: Holding that the crime did not comes under the category of rarest of rare which warrants capital punishment, Delhi High Court on Thursday reduced to life sentence the death penalty awarded to two of the three convicts in the 2009 business executive Jigisha Ghosh murder case.
A bench of Justices S Muralidhar and I S Mehta, while modifying the death penalty awarded to Ravi Kapoor and Amit Shukla, confirmed the life sentence to the third convict, Baljeet Malik, pronounced by the trial court.
Considering the circumstantial evidence which proved the involvement of the convicts in the crime, the bench observed, “In the present case, it is not clear as to which of the three accused, whether all of them or only some of them, actually committed the murder of the deceased. What is proved beyond doubt is that all of them were involved in the crime. Therefore, to differentiate, as the trial court has done, between the accused by awarding the death penalty to two of them may also not be justified.”
“The court is not satisfied that the crime here can be characterised as rarest of rare that warrants the award of the death penalty for Kapoor and Shukla,” the bench said.
The High Court, however, upheld the fine imposed by the trial court on the three.
Jigisha, 28 a manager in a consultancy firm, was abducted and killed on March 18, 2009, after she was dropped by her office cab around 4 am near her home in Vasant Vihar in South Delhi. Her body was recovered three days later near Surajkund in Haryana.
The trial court had held the three men guilty of the offences of murder, abduction, robbery, forgery and common intention under IPC. Kapoor was also convicted for using firearms under the Arms Act.