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Synopsis

A Delhi Court has acquitted six men accused of rioting, arson and looting on two properties during the 2020 northeast Delhi riots.

The court was hearing a case against Sahil@ Babu, Dinesh@ Michael, Tinku, Sandeep@ Mogli, Vikas Kashyap and Sonu@ Golu Kashyap, who were accused of being a part of a riotous mob that committed trespass and thefts in a shop in Bhagirathi Vihar during the riots on the intervening night of February 24 and 25, 2020.

Additional Sessions Judge (ASJ) Pulastya Pramachala of the Karkardooma Court stated that the charges against the accused individuals had not been proven beyond reasonable doubt.

“I find that charges levelled against the accused persons in this case are not proved beyond reasonable doubts. Hence, all the accused persons are acquitted of all the charges levelled against them in this case”, the court said in its order dated July 6.

The Gokalpuri police station had filed an FIR against the six accused persons under Sections 143 (punishment for being member of unlawful assembly), 147(Rioting), 148(Rioting armed with deadly weapon), 149(Unlawful assembly), 188(Violation of order issued by public servant), 380(Theft), 436(Damaging property by fire) and 454(Lurking house trespass or house-breaking) of the Indian Penal Code.

The prosecution’s case was that on March 4, 2020, an FIR was filed at Gokalpuri police station on a complaint made by Shahid on March 2, 2020. He alleged that on the intervening night of February 24- 25, 2020, a riotous mob after committing criminal trespass in his rented shop in Bhagirathi Vihar, looted various articles lying therein including steel glass fitting tools, cash and other necessary documents.

Another complaint was made by Razuddin on March 24, 2023, that at about 9 pm a riotous mob after breaking open his house in Bhagirathi Vihar, looted various articles lying therein. Thereafter, they put the same on fire, resultantly he suffered a financial loss to the tune of Rs. 2.5 lakh. The police had clubbed both complaints.

The ASJ noted that the identification of the accused person as part of the riotous mob was not established. “I find that prosecution has failed to prove beyond reasonable doubts that accused persons herein were part of the mob, which was responsible behind both the incidents probed in this case”, the court said.

It also noted that a significant discrepancy in the timing of the incidents as testified by the two prosecution witnesses, a constable and an assistant sub-inspector, who claimed to have witnessed the events. Due to this discrepancy, the court found it difficult to rely on their accounts and concluded that there was only circumstantial evidence to suggest that both incidents were caused by a mob.

Accordingly, the court acquitted all six accused persons.

Case Title: State v. Sahil@ Babu & Ors.