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Synopsis

A Delhi court has exonerated an individual accused in a case in connection with the 2020 Delhi riots, absolving him of all charges, which included arson, vandalism, and looting.

Additional Sessions Judge (ASJ) Pulastya Pramachala of Karkardooma Court said that the prosecution failed to establish beyond a reasonable doubt the involvement of a riotous mob in the incident and the defendant's participation in such a group.

The case in question pertained to one Sandeep Kumar, who faced allegations of being part of an unlawful assembly responsible for the looting of a residence and the ignition of household items and a two-wheeler in the Shiv Vihar locality within Karwal Nagar on February 25, 2020.

In the judgment dated October 27, ASJ Pramachala remarked, "The prosecution, although it successfully presented evidence of vandalism, looting, and the destruction of household items and a motorcycle, could not conclusively demonstrate the mob's responsibility for these actions or the defendant's unequivocal involvement in said mob."

The court further noted that the complainant did not personally witness the incident, and there were discrepancies in the testimonies of two police eyewitnesses. These inconsistencies raised doubts regarding their presence in the vicinity during the rioting event.

Consequently, the court said that the establishment of an unlawful assembly in the lane and the mob's culpability for the incident had not been convincingly proven.

Regarding the identification of Kumar as part of the riotous mob, the court highlighted the uncertainty surrounding the presence of the police officials at the scene. Given the uncertainty, the court held that relying on their identification of the accused was not appropriate.

Additionally, the court noted that while one of the police officials had recorded his statement identifying Kumar on February 29, the other officer claimed to have seen the accused only on August 1, 2020. This inconsistency further undermined the reliability of their testimonies.

ASJ Pramachala underscored the fact that both police personnel hailed from the same police station, raising questions about why they had not shared information concerning the identification of the same individual in the mob during the natural course of their duties.

Considering these additional factors, the court concluded that the testimonies of the police officials were not deemed reliable, ultimately leading to the acquittal of the accused in the 2020 Delhi riots case.

Case Title: State v. Sandeep Kumar