Post-Godhra Riots Case: Guj HC Acquits 3 For Want Of Reliable Evidence

Gujarat High Court

After 19 years, the Gujarat High Court has overturned the conviction of 3 men who were sentenced to 5 years of rigorous imprisonment in a case related to the 2002 post-Godhra riots.

The court found that their conviction lacked credible evidence.

A division bench led by Justice Gita Gopi accepted the appeals filed by Sachin Patel, Ashok Patel, and Ashok Gupta, setting aside the verdict delivered by a fast-track court in Anand in 2006.

Trial Evidence Found Inadequate

The court pointed out serious lapses in the trial court’s evaluation of evidence. It stated, “The conviction is not supported by trustworthy and corroborated evidence. The accused’s identification was not established during the trial.”

Out of the nine individuals initially tried, four had been convicted and sentenced for offenses such as rioting, arson, and unlawful assembly under the Indian Penal Code. One of the accused passed away in 2009.

Incident Overview

According to the prosecution, the three accused had allegedly joined a crowd in Anand the day after two coaches of the Sabarmati Express were set on fire at Godhra station on February 27, 2002. The mob was accused of damaging shops and setting fire to properties in violation of a district magistrate’s orders under Section 135 of the Bombay Police Act.

However, the Gujarat High Court concluded that the evidence did not prove the accused were part of the unlawful gathering or took part in the alleged arson. It emphasized, “There is no proof that the appellants committed any acts in furtherance of the common objective of damaging property or setting fires.”

Background To The Godhra Tragedy

The Godhra incident, in which 59 people died after the burning of the Sabarmati Express’s S-6 coach, sparked widespread communal violence across Gujarat.