[Delhi Riots] “Possibility cannot become evidence itself”: Delhi Court acquits three men of rioting and vandalizing charges

While observing that “possibility cannot become evidence itself”, a Delhi Court on Wednesday acquitted three men namely Dinesh Yadav@ Michael, Sandeep@ Mogli, and Tinky of various charges under provisions of the Indian Penal Code in a case related to the North-East Delhi Riots 2020.

Additional Sessions Judge (ASJ) Pulastya Pramachala of Karkardooma Court said, “There may be a strong possibility that incidents at E-167 and A168 were caused by a mob. However, the possibility cannot become evidence in itself and it has remained a matter of presumption of prosecution based on hearsay evidence or on the basis of possibility only that there was a mob behind these incidents”.

“It is well settled legal proposition that presumption/strong suspicion cannot be a substitute for evidence. Therefore, for want of any evidence on the record, I am unable to say that there was a mob behind both the incidents probed in this case”, the judge added.

After a complaint filed by Aakil Saifi and Irfan with respect to vandalism in their properties at Bhagirathi Vihar, the three accused were chargesheeted in 2020 in the concerned case which was registered at Gokalpuri police station. All three were charged under Sections 147 (punishment for rioting), 148 (rioting armed with deadly weapons), 149 (unlawful assembly), 380 (theft in dwelling houses), 188 (disobedience to order duly promulgated by public servant), 427 (mischief) and 436 (mischief by fire or explosive substances) of IPC.

It was the case of the prosecution that the accused persons were members of the mob, who vandalized both properties i.e. E-167 and A-168, Bhagirathi Vihar.

However, the court noted that the prosecution could not prove that there was a mob behind these incidents. In that situation, the inevitable conclusion is that there is no evidence on the record to show the involvement of the accused persons in the incidents, the court held.

Court also noted that the witnesses on whom the prosecution was relying were not even present at the place of the incident. “Hence, their statement that such incident was caused by a mob of rioters, is based on hearsay only. These witnesses stated that they had been informed by some persons about vandalism and arson at their respective places. They did not disclose the particulars of those informers nor IO found out their particulars. The evidence of these victims cannot be the basis to say that these incidents were caused by a mob”, said the court.

Furthermore, the court noted that the identification of the accused persons by one of the witnesses was based on leading him to do so during his cross-examination conducted by the Special public prosecutor (SPP).

“However, the relevant facts in respect of which this witness was cross-examined by ld. Special PP was not asked from this witness during his examination-in-chief at all. Without seeking any answer from this witness on those facts, he was straightaway given suggestions by ld. Special PP, which was a wrong practice. Such kind of evidence cannot be relied upon by the court even otherwise”, the court added.

“I find that charges levelled against the accused persons, in this case, are not proved at all. Hence, accused Dinesh Yadav @ Michael, Sandeep @ Mogli, and Tinku, are acquitted of all the charges levelled against them in this case”, the ASJ ordered.

Case Title: State v. Dinesh & Ors.