[Delhi Riots 2020] "No evidence to link accused to case": Delhi Court acquits four men of rioting charges
While acquitting the four accused men, ASJ Amitabh Rawat also observed that the prosecution was not able to prove its case against both the accused persons beyond "reasonable doubt" which is the touchstone of criminal law.
Noting that the witnesses “categorically denied” the accused persons’ involvement in the case, a Delhi Court recently acquitted four men in a North-East Delhi Riots case.
Additional Sessions Judge (ASJ) Amitabh Rawat of the Karkardooma Court observed, “Considering the testimony of PW1 & PW2, there is nothing, as per the evidence, to link the four accused persons to the present case of rioting as investigated in the present case.”
The court further observed, “the prosecution has not been able to prove its case against both the accused persons beyond reasonable doubt which is the touchstone of criminal law.”
The four accused persons namely Shahrukh @ Rinku, Ashu, Zuber, and Ashwani @ Kale were charged with offences punishable under Section 147(rioting), 148 (rioting armed with a deadly weapon), 188 (disobedience to order duly promulgated by public servant), 427 (mischief causing damage), 436 (mischief by fire or explosive substances) of IPC read with Section 149 (unlawful assembly) IPC.
The prosecution’s case is that on March 2, 2020, a complaint was filed by Kirti Raj Tiwari. He stated that when he was at the MCD parking near Ambedkar College, Delhi on February 25, 2020, suddenly 100-250 rioters came and started ransacking and burning tractors and carts. Tiwari also stated that at around 4:30 pm on the same day, again rioters came and burnt six tractors and 55-60 fruit carts in the parking. They also burnt horse-carriage near the dispensary on the service road and ransacked one school bus near the dispensary.
The court noted that as per the prosecution, there were two witnesses, one of them was the complainant himself. ASJ Rawat also noted that during the examination, the two witnesses categorically deposed that they had never identified any rioters at the time of the incident nor they had ever stated or told the Investigating Officer about the identification of accused persons as involved in the present matter.
Furthermore, the court observed that “Both the said witnesses categorically denied the suggestion by the Ld. prosecutor that the four accused persons were involved in the present case of rioting. In fact, the witnesses deposed that they had never known the said accused persons. Thus, the said two witnesses who were not only natural but also alleged eyewitnesses, as per the prosecution, have not deposed anything incriminatory against the accused persons.”
Case Title: State v. Shahrukh@ Rinku & Ors.