JAMIA MILLIA ISLAMIA

NEW DELHI-110025

ENGLISH ASSIGNMENT- SEMESTER 1

TOPIC- STATE VS RAVI KAPOOR, BALJEET SINGH,

AJAY KUMAR, AMIT SHUKLA, AJAY SETHI

NAME- CHIRAG BHARDWAJ AND PRANAY GAUR

COURSE- BA LLB(HONS) (SF)
SERIAL NO.- 12 & 38

Submitted to- Professor Sabiha Anjum Zaidi

 PRESS RELEASE-I
DATE: 1st Oct,2008

Headline-Today Television Journalist was shot dead on the early morning of 30

September, in south Delhi, while returning home from work. The incident took
place during early morning, when the victim left for home from Jhandewala
Office at 3:03AM. The shot was fired at her car at around 3:30 a.m., which
fatally went to victim’s head and the car was found to be crashed on the central
verge of Nelson Mandela Road, Vasant Vihar.
After the murder, an employee of a nearby eatery, Punjabi By Nature, who was
returning home on his bicycle, saw the car rammed against the divider. He told
the police he saw Vishwanathan's head inclined on the right side and the car's
ignition, air-conditioner and headlights on.
The Deputy Commissioner of Police, H.G.S Dhaliwal, while addressing the
media, said “A person who was passing on the same road (the Nelson Mandela
Road) has approached us saying that he had heard some sound apparently when
Soumya Vishwanathan's car hit the central verge on the road around 3:30 a.m.
The person said the sound could have been of a bullet. We cannot reveal
anything more than this as it might hamper investigations. We appeal to those
who had travelled on the same road on that night to help us with information.”
The police are also studying the volume of traffic on the road between 3 am to 4
am to get an idea about the number of vehicles that generally pass at the time.
But for now, it is too soon to say who caused her death. It is under lens of
suspicion, is to what was the shot firer’s motive or intent was, and was it a
murder or mere attempt of robbery.
 PRESS RELEASE-II
DATE: 18th Oct,2023
The court award the life imprisonment to four accused namely Ravi Kapoor,
Ajay Kumar, Baljeet Singh, Amit Shukla for shooting and killing of journalist
Saumya Vishwanathan while the victim was returning to home from the office
only to rob her.
The fifth and the last accused Ajay Sethi was convicted for a simple
imprisonment of three years with a hefty fine.
All the accused were held guilty under Section 302/31/32 of the Indian Penal
Code and under Section 3(i)(i) of the Maharashtra Control of Organize Crime
Act, 1999.
Additional Sessions Judge Ravinder Kumar Pandey said that it is unfortunate
that victim Saumya Vishwanathan who was young, dynamic and hardworking
journalist lost her life due to the acts of the convicts Ravi Kapoor, Ajay Kumar,
Baljeet Singh, Amit Shukla and Ajay Sethi while she was returning from office
on 30 September 2008.
The women empowerment in the work force will get momentum if the women
safety during their daily commute be insured so to prevent these types of
horrendous acts being repeated again.

SUMMARY OF THE CASE

The case titled as State vs Ravi Kapoor and others shortly known as the Saumya
Vishwanathan Case, 2008 (Delhi).
Saumya Vishwanathan was a young, dynamic, hard-working journalist and news
producer working in India Today network located in Jhandewala, Delhi.
At the intervening night of 29-30 September 2008 she was working late in the
office. She informed her parents, that she would leave her office at 3:00a.m. and
would reach home by 3:30a.m.
But on her way from Jhandewala(office) to Vasant Kunj(home), four notorious
individuals having plan to rob someone who is alone saw the young lady driving
her car alone. They followed Saumya and shot her in the head, and left the
place.
One passer-by saw, the unknown car, lying on the divider in which the lady was
blood bathed called the Police. Police took the victim to AIIMS trauma centre
where she was pronounced dead.
After half an hour later, four individuals in a car came to the crime scene and
one of them asked the Police officials what had happened at the place. Police
officials answered them that an accident took place, then they left the crime
scene.
After a year later all the four accused were arrested namely Ravi Kapoor, Ajay
Kumar, Baljeet Singh, Amit Shukla and their fifth partner (Ajay Sethi) who was
not at the place of crime, but was a member of the syndicate Ajay Sethi the Fifth
accused were also arrested.
After 15 years of long legal battle and courtroom proceedings, Saumya
Vishwanathan and her family got justice. The sentence was given by the District
Court in favour of the victim. Four main accused of this case were held guilty
and sentenced to life imprisonment with fine. Abettor Ajay Sethi were also held
guilty and sentenced to 3 years of rigorous punishment.

INTRODUCTION TO THE CASE

Today, I Chirag Bhardwaj, and, I Pranay Gaur delve into one of the most
prominent legal battle in the criminal history of Delhi.
The case of State vs Ravi Kapoor and others is simply a murder case of young
talented journalist Saumya Vishwanathan. But in this legal saga, there was also
the application of Maharashtra Control of Organised Crimes Act, 1999 which is
one of the most stringent provisions in the criminal history of India.
This act has been made to counter the organised crime and continuous unlawful
activities by syndicate for their pecuniary benefits and daily livelihood. After its
success in Maharashtra, this act has been extended to Delhi in 2002.
But in last 20 years, under this act Maharashtra Control of Organised Crime Act,
1999 (MCOCA,1999) only three convictions were made in Delhi. The aim of
this assignment is to study the case deeply titled State v Ravi Kapoor and others
famously known as Saumya Vishwanathan Case.

BRIEF FACTS OF THE CASE

As per the prosecution, on 30.9.2008 in between 3:25a.m. to 3:55a.m., near Pole
Number-78, at Nelson Mandela Marg on the Road from Vasant Vihar side to
Vasant Kunj side, New Delhi, accused namely Ravi Kapoor, Amit Shukla, Ajay
Kumar and Baljit Singh Malik had committed the murder of victim Saumya
Vishwanathan, D/o Sh. M.K. Vishwanathan by firing a bullet through country
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 Wagon R car being driven by the accused Ravi Kapoor in order to rob
the victim.
It is further alleged that the victim was chased by the accused persons when she
was returning home from her office to her home and accused person chased the
victim’s car in order to rob her as she was travelling alone in the vehicle.
 ACTION BY THE STATE
As Saumya Vishwanathan was a young, dynamic, hardworking journalist, her
murder created a havoc in the Media community. Mass communication created
huge pressure on the authorities to arrest the perpetrators of this crime and
sentence them with harshest punishment possible. After a long investigation by
police, four accused namely Ravi Kapoor, Baljeet Singh, Amit Shukla, and Ajay
Kumar were arrested.
After interrogating all the accused, police found that all the accused were
involved in unlawful activities since 2002, to earn livelihood and for pecuniary
benefits. All the accused were charged with cognizable offences in eight more
cases registered in Delhi. Hence, the Police along with relevant sections of
Indian Penal Code, also involved Maharashtra Control of Organised Crime Act,
1999 (MCOCA,1999). This act was brought to counter and prevent the
notorious and illegal activities taken place under crime syndicate and families.
The fifth accused Ajay Sethi was also arrested from Faridabad, as he stole the
vehicle (Wagon R) in which the crime was committed. All the accused were
charged with IPC under Section 302/31/32 and under Section 3(1)(i), 3(1)(iv) of
Maharashtra Control of Organised Crime Act, 1999 (MCOCA,1999).

PROSECUTION’S ARGUMENT
It is argued on behalf of the state, that the prosecution has duly proved the
charge of offence under Section 302/31/32 of IPC and under section 3(1)(i) and
3(1)(iv) of MCOCA,1999. As extended to the territories of Delhi beyond all
reasonable doubt and no material contradiction came in record of the testimony
of the witnesses.
It is further alleged that Ravi Kapoor was the leader of organised crime
syndicate as defined in MCOCA,1999 and other accused were his group
members who committed organised crime, and they used to continue their
unlawful activity. The criminal record of the accused persons were checked and
verified and it was found that they were indulged in various criminal activities
for the past ten years with the sole objective of gaining pecuniary benefits in the
form of livelihood.
It was argued that the members of the organised crime syndicate headed by Ravi
Kapoor had committed the murder of deceased victim Saumya Vishwanathan in
their capacity and as members of syndicate therefore, all members are liable for
offence of the murder.
It is further submitted that the accused person beheld guilty, and maybe
convicted for their respective charges and maybe punished as per the law.

DEFENDANT’S ARGUMENT
It is argued that there was no evidence against the accused person regarding the
allegation in the present case, and they were falsely implicated in the present
case.
It is further argued that in the confessional statement of the accused, Ravi
Kapoor did not bear the signature in the middle two pages of the statement.
It is further argued that the case is solely on the basis of circumstantial evidence
and chain of circumstances were not fully approved.
It is argued that invocation of MCOCA by competent authority was in
mechanical manner and without application of mind, and without considering
the factual position.
It is further argued that there was media. Pressure upon the Delhi Police to solve
that case as deceased. Sowmya Vishwanathan was a lady journalist under acute
media and social pressure to solve the case, the Delhi Police had falsely booked
the above named, arrested, accused persons.

JUDGEMENT
Court held that the prosecution has duly proved beyond all reasonable doubt that
the accused, Ravi Kapoor and his other associates, co-accused Amit Shukla,
Ajay Kumar, Baljit Singh Malik, had committed murder of deceased victim
Sowmya Vishwanathan with intention to rob her on 30th September 2008. At
between 3:25 a.m. to 3:55 a.m.
For this, they are accordingly held guilty and convicted for charge of offense
punishable under section 302 34 of IPC and under section 302/31/32 of Indian
Penal Code, and under Section 3(1)(i) and 3(1)(iv) of Maharashtra Control of
Organized Crime Act, 1999 (MCOCA,1999). The accused Ravi Kapoor, Amit
Shukla, Baljit Singh, Ajay Kumar. Convicted with life imprisonment. The
accused, Ajay said he was convicted with three years of rigorous imprisonment
and fine.