A Delhi court, hearing North East Delhi riots cases, acquitted two accused persons of all charges of unlawful assembly, rioting and arson as the prosecution was unable to establish their presence during the riot.
While acquitting the accused Yogender Singh and Suraj, Additional Sessions Judge Amitabh Rawat of Karkardooma Court said, “Prosecution has not been able to prove its case against both the accused persons beyond reasonable doubt which is the touchstone of criminal law.” “Hence, both the accused persons are acquitted of all the offences punishable under Section 147 (rioting), 427 (causing damage to property), 436 (mischief by fire or explosive substance with intent to destroy house) and 149 (unlawful assembly) of IPC,” the court said in a judgement passed today, the court added.
The Court after cumulative reading of the entire testimonies of all the witnesses also observed that the presence of accused persons in the unlawful assembly at the time and place of the incident and their participation in the act of rioting, mischief and burnishing of the house of complainant Shamshad was not established at all.
This case pertains to an FIR registered in Delhi’s Jyoti Nagar police station on February 29 in 2020 by the complainant Shamshad, alleging that his house in the Ashok Nagar area was looted, ransacked and also burnt by thousands of rioters on February 25 in 2020.
“The testimony of Sub-Inspector Yashvir Singh regarding section 188 of the Indian Penal Code (violation of an order issued by a public servant) is not sufficient as firstly, the presence of the accused person is not established and secondly no charges were framed and even the testimony has not come from the concerned authority who allegedly gave the written permission under Section 195 of Criminal Procedure Code (Cr. PC),” the Court further observed.
“On February 25 in 2020, hundreds of rioters came to Ashok Nagar Masjid and they started burning the shops including mine. When I saw the rioters, I ran away. I could not identify anyone and I ran away to save my life,” the complainant Shamshad stated in the court.
The court said, “Thus the complainant itself in his statement before the court categorically deposed that rioters had started arsoning houses and shops including his on February 25 and on seeing them, he ran away and he cannot identify any rioters. However, he said in the statement given to police that he had identified both the accused persons.
The case of the prosecution was that among the rioters were accused Yogender Singh and Suraj who had burnt the house of the complainant. The prosecution has relied upon the statement of alleged eye witness constable Pramod and public witness Shamshad, who had identified two accused persons. On the basis of their statement, the accused persons were arrested.
However, they were already in custody in a case registered at the same police station.