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Synopsis

A Delhi Court has discharged six people from offenses under Sections 395 (dacoity) and 436 (mischief by fire with intent to destroy houses) of the Indian Penal Code (IPC) in connection with the 2020 north-east Delhi riots case, reports HT.

Additional Sessions Judge Pulastya Pramachala remanded the case to the metropolitan magistrate court for prosecution on other charges.

The Prosecution’s case was that the accused violated Sections 147 (rioting), 148 (rioting armed with a deadly weapon), 149 (unlawful assembly guilty of an offense committed in prosecution of common object), 188 (disobedience to duly promulgated order by public servant), 395, 454 (lurking house-trespass), 427 (committing mischief), 435 (mischief by explosive substance with intent to cause damage), 436, 380 (common intention) of the IPC.

The court opined that the accused persons could not be charged with an offense under Section 395 of the IPC as the requisite ingredients of 'dacoity' were not satisfied by the allegations and statements made by the complainant or other witnesses herein.

Court also noted that the complainant was not present at his shop at the time of the alleged incident of taking his property without his consent and there was no allegation of 'extortion', and the same could be best described as a case of 'theft'.

It was also stated that in the last supplementary charge sheet there was "no technical evidence" or evidence in the form of photographs and videos in relation to the offense under Section 436 of IPC.

"Though in the supplementary statement, he (the complainant) came up with a modified version to show his presence somewhere outside his shop, even in this statement, he did not make any such complaint or allegation, which could satisfy the criteria laid down under section 390 IPC (robbery), to make this theft a robbery," the court observed.

Conclusively, Court ordered, "the accused persons are discharged for offences punishable under Sections 395 and 436 of the IPC and since the other alleged offences are triable by a metropolitan magistrate, the case is remanded back to the Chief Metropolitan Magistrate (North East), Karkardooma courts in Delhi to proceed by the law".