[Delhi Riots] Court acquits nine persons accused of rioting, arson etc.
During the Delhi Riots 2020, the nine people were accused of setting ablaze a shop and a house.
A Delhi Court on Monday acquitted nine persons accused of setting ablaze a shop and house during the north-east Delhi Riots 2020. All nine persons were facing allegations of rioting, unlawful assembly, arson, and other offences.
Granting all the accused “benefit of doubt”, Additional Sessions Judge (ASJ) Pulastya Pramachala of the Karkardooma Court acquitted Mohd. Shahnawaz @ Shanu, Mohd. Shoaib @ Chhutwa, Shahrukh, Rashid @ Raja, Azad, Ashraf Ali, Parvej, Md. Faisal and Rashid @ Monu of all charges leveled against them.
“I find that charges leveled against all the accused persons, in this case, are not proved beyond doubt. Hence, accused Mohd. Shahnawaz @ Shanu, Mohd. Shoaib @ Chhutwa, Shahrukh, Rashid @ Raja, Azad, Ashraf Ali, Parvej, Md. Faisal and Rashid @ Monu, are acquitted of all the charges leveled against them in this case”, the judge ordered.
The court noted that there was an "unexplained delay" in recording the information regarding the involvement of the accused persons in the alleged offences and also held that the prosecution had failed to prove allegations “beyond reasonable doubt”.
During the hearing, the ASJ noted that the prosecution witness- a head constable had knowledge of the names and particulars of the accused persons before April 7, 2020, but he did not formally register or recorded the information.
“In his cross-examination, Vipin conceded that there had been a briefing at the police station every day, which was attended by him as well as IOs. Still, the knowledge about the involvement of the accused persons was not formally recorded anywhere, till April 7, 2020”, the court observed.
The court, however, noted that the head constable had orally informed his senior officers about the information after a week or 15 days of riots, but no explanation hasd been given for the delay in giving such crucial information to the senior officers.
“Keeping in view the such delay in disclosure of vital information being recorded, I find it desirable to apply the test of consistent testimony of more than one witness, in present case also”, the court said. “Applying that test, I hold that sole testimony of the head constable cannot be sufficient to assume presence of accused persons herein in the mob, which set ablaze the complainant's property at Chaman Vihar. In such a situation, accused persons are given benefit of doubt”, the court added.
All the nine accused persons were chargesheeted for offences punishable under Sections 147 (rioting), 148 (Rioting, armed with deadly weapon), 149 (unlawful assembly), 188 (Disobedience to order duly promulgated by public servant), 427 (Mischief), and 436 (Mischief by fire or explosive substance with intent to destroy house) of the Indian Penal Code.
Case Title: State v. Mohd. Shahnawaz & Ors.
Statute: The Indian Penal Code, 1860