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Parents, Delhi Police seek death for killers

The judge will decide on the quantum of sentence based on the pre-sentencing report as well as the arguments made by counsels from both the side

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The quest for justice eluded Savita Ghosh, mother of murdered IT executive Jigisha, by another day as the judge fixed Monday for the order on sentencing.

It has been more than seven years since Information Technology (IT) executive Jigisha Ghosh was found murdered in Surajkund, Haryana.

On July 14, a Delhi sessions court convicted Amit Shukla, Ravi Kapoor and Baljeet of kidnapping and killing Jigisha Ghosh. "No escape from the conclusion that the crime was committed by the accused persons," Additional Sessions Judge Sandeep Yadav had announced in open court.

All three have been held guilty under section 364/302/201/394/468/469/471/34b of the Indian Penal Code. Shukla was further convicted under the relevant sections of the Arms Act.

"I want the death penalty for my daughter's killers. My husband and I died the day they killed our daughter," said Savita. Counsel for the Ghoshs' HR Khan Suhel along with Sayed Mustafa Khan, echoed their sentiments as they pleaded for the death penalty. Several judgements were cited to make their case.

On Saturday, the Delhi Police sought for the maximum punishment of the death penalty for the three accused. "The accused have no defense. They are even facing trial in several cases including Maharashtra Control of Organized Crime Act (MCOCA)," special public prosecutor Rajiv Mohan said. They have a series of cases against them including three murders in the span of a month," he added.

The court heard arguments on sentencing after issuing orders for a pre-sentencing report (PSR) prepared by a Probation Officer (PO). For perhaps the first time, a sessions court judge has followed guidelines issued by Delhi High Court on pronouncing the quantum of punishment in a criminal case.

The report submitted in court today, contains the behavioral and psychological profile of the three accused. It was extensively referred to by the defense counsels of the three accused while pleading their case for leniency.

According to the report, Kapoor is suffering from a life threatening disease, comes from extreme poverty and has two children with an now estranged wife.

Amit Kumar, counsel for Malik, submitted that his client was merely 20 at the time of the incident in 2009. He has served time in jail since his arrest and the jail authorities can attest to his good conduct behind bars. Malik like body building and the elders in his village believe that he should be given a chance at rehabilitation.

However, the report for Shukla was less than satisfactory. According to the report, snippets of which were read out in court, Shukla is apparently running an extortion racket from within the jail premises.

The defense pleaded for a reformatory approach and sought for a light sentence - which is life.

Jigisha, an operations manager with Hewitt Associate Pvt Ltd, was kidnapped on March 18, 2009 after her office cab dropped her near her home in south Delhi's Vasant Vihar, around 4 a.m. Her dead body was found two days later in Surajkund - almost an hour away (18 kms). Jigisha was robbed off her valuables - her ATM card, gold jewellery, and money.

A week later, her killers were caught after a constable recognized Baljeet from the Close Circuit Television Camera (CCTV) at an ATM in South Delhi. Upon sustained interrogation, it was revealed that all three accused had also murdered television executive Soumya Vishwanathan.

Case so far

Mar 18, 2009: Jigisha was abducted by four men in a Santro car little away from her home after she was dropped by her office cab at 4 AM.

Mar 20: She was found dead near Surajkund in Faridabad.

Mar 25: Delhi Police nabs suspects four men for their alleged involvement in Jigisha's murder. Cops also solve the murder case of TV journalist Soumya Vishwanathan, who was shot dead on September 30, 2008 while she was returning home by her car from office in the wee hours.

June 2009: Police files charge sheet in court.

Aug 10, 2009: Court fixes August 28 for hearing arguments on charges.

Dec 5, 2009: Court frames charges against three accused in the case.

Apr 15, 2010: Trial begins with recording of testimony of Jigisha's father.

July 5, 2016: Court concludes hearing final arguments, reserves judgement.

July 14: Court convicts three accused for abducting, robbing and murdering Jigisha.

Aug 20: A PO submits a PSR before the argument for sentencing commences. Counsels argue on the merits for sentencing.

Aug 22: Court will decide the quantum of sentence for the three accused.

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