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Synopsis

A Delhi Court on Friday, last week ordered framing of charges including rioting, house trespass and theft, against four people accused of setting ablaze a place of worship/ Maula Baksh Masjid during the 2020 northeast Delhi riots against four men.

The court was hearing the case against the four men namely, Rahul Kumar, Suraj, Yogender and Naresh@ Monu, accused of being part of a riotous mob that committed arson in the place of worship in Shahdara's Chappal Market during the north east Delhi riots on February 25, 2020. An FIR against the four accused was registered at Jyoti Nagar police station.

Taking note of the evidence before the court, Additional Sessions Judge (ASJ) Amitabh Rawat of Karkardooma Court said, “I am of the view that the prosecution has met its case for the purpose of charge.”

"I am of the opinion that there are grounds for presuming that the accused persons have committed offences under IPC sections 147 (rioting), 148 (rioting, armed with a deadly weapon), 427 (committing mischief and thereby causes loss or damage to the amount of fifty rupees or upwards), 436 (mischief by fire or explosive substance with intent to destroy building), 450 (house trespass in order to commit offence punishable with imprisonment for life), 188 (Disobedience to order promulgated by public servant), 380 (Theft in dwelling house), and 295 (Injuring or defiling place of worship with intent to insult religion of any class)", ASJ Rawat said in the order dated August 11.

On perusal of the charge sheet and other documents, it said, “an unlawful assembly of hundreds of rioters had gathered at the spot in Gali no. 5, Near Masjid, Ashok Nagar, Delhi on 25.02.2020 in violation of the prohibitory order u/s. 144 Cr.P.C and in furtherance of their common intention committed the act of rioting with deadly weapons, mischief, house trespass, defiance of prohibitory order”.

The court said that though the IO did not level the charge of injuring or defiling a place of worship, a case for the offence is “prima facie” made out.

It further said, “By putting (setting) fire to a place of worship/masjid and planting a saffron flat atop the same, accused persons have also committed the offence under Section 295 IPC (Injuring or defiling place of worship with intent to insult the religion of any class). Though they were not charge-sheeted for the said offence by the investigating officer, yet, Section 295 IPC, prima facie, is clearly made out”.

The ASJ, however, discharged the accused persons from the offence under IPC Section 34 (common intention) and provisions of the Delhi Prevention of Defacement Public Property Act.

“On the basis of material on record, I am of the opinion that there are grounds for presuming that the accused persons namely Rahul Kumar, Suraj, Yogender and Naresh @ Monu have committed offences under Section 147,148,427,436,450,188,380,295 IPC read with Section 149 IPC. However, all accused persons namely Rahul Kumar, Suraj, Yogender and Naresh @ Monu are discharged from the offences punishable under Section 34 IPC as also Section 3 of Delhi Prevention of Defacement of Public Property (DRDPP) Act, 2007”, the ASJ ordered.

Case Title: State v. Rahul & Ors.