Delhi Riots: First sentencing in the case, man gets 5-year jail term by Delhi Court

A Delhi Court recently awarded a man five-year jail term after finding him guilty of rioting and setting on fire a house during the north-east Delhi riots that took place in 2020.

The Additional Sessions Judge Virender Bhatt sentenced one Dinesh Yadav to five years imprisonment and stated that no evidence had been led by the prosecution to prove that the unlawful assembly of which the convict was a member, had been formed in pursuance to some conspiracy.

"It cannot be again said that the offence committed by the convict was a very serious one. However, no evidence had been led by the prosecution to prove that the unlawful assembly of which the convict was a member, had been formed in pursuing nce to some conspiracy," stated the order.

While hearing the case, the judge considered the statement of two police personne.The police had stated that Dinesh Yadav was part of the mob that attacked Manori's home, but the accused himself had not been seen burning down the house.

However, the court ruled that Yadav being part of the mob meant he was as responsible as those who actually did burn the house down.

The court had earlier held Yadav guilty, saying he was part of a mob of 150 to 200 rioters who vandalised and set on fire the house of a 73-year-old woman, Manori Devi. It, however, noted the convict is a first time offender and has clean past antecedents.

The convict has been held guilty only by virtue of section 149 IPC and there was no evidence that he had directly committed the incident of violence in which the which the house of victim Manori Devi had been vandalised and burnt. 

The convict has been held guilty only by virtue of section 149 IPC and there was no evidence that he had directly committed the incident of violence in which the house of victim Manori Devi had been vandalised and burnt. 
Last year, in December, the court convicted Yadav under Sections 143 (unlawful assembly), 147 (rioting), 148 (rioting armed with deadly weapon), 457 (house trespass), 392 (robbery), 436 (mischief by fire or explosive substance with intent to destroy house, etc.) read with Section 149 (every member of unlawful assembly guilty of offence committed in prosecution of common object) of the Indian Penal Code.

“...he is to be held guilty of all those offences which have been committed by the members of the unlawful assembly for the reason that he shared the common object of other members of the assembly and knew that these offences are likely to be committed in prosecution of the common object of the assembly.”

The court said that the fine imposed on the convict would be paid to the victim as compensation. It also noted that the victim who claimed to have suffered a loss of Rs 4.50 lakh-5 lakh, did not produce any documentary evidence for it. She also received a compensation of Rs 50,000 from Delhi government.
 

[Case title - State v. Dinesh Yadav]