A Delhi Court has recently acquitted 3 accused in a North East Delhi riots case giving them a benefit of doubt.
The accused had been charged with offenses under Section 147/148/149/427/436 of the Indian Penal Code (IPC), including rioting, unlawful assembly, mischief by fire, and property destruction by using fire.
This case pertains to the burning of a shop in the Dayal Pur area during the riots of February 2020.
Additional Sessions Judge Pulastya Pramachala of Karkardooma Court acquitted the accused Akil Ahmed alias Papad, Raheesh Khan alias Raisu Khan, and Irshad stating that the charges against them weren’t proven beyond the reasonable doubt.
The judge noted that the evidence presented by the prosecution failed to meet the credibility test in establishing the accused’s identification as members of the mob responsible for the incident.
The judge observed that, “I find that the evidence produced by the prosecution in the case, fails to qualify the test of credibility in respect of the identification of the accused persons being members of the mob, that was responsible for the incident at the premises of Danish.”
However, the court didn’t make any observations regarding additional complaints, stating that these incidents weren’t properly & completely investigated by the investigating officer (IO).
The judge said that, ” I have consciously not given any finding in respect of charges qua other incidents based on additional complaints, for the reasons that same was not properly and completely investigated by IO and for such omission of the IO, those complainants should not be prejudiced”
Consequently, the matter pertaining to those complaints has been referred back to the investigating agency for further examination.
The matter is referred back to the learned DCP (North-East District), to take further steps on the additional complaints clubbed in this case for the purpose of proper and complete examination, the court directed.
The court emphasized that the complaints were erroneously included in the present FIR and that this observation should be considered for taking appropriate action.
On March 3 in 2020, the FIR was registered on the basis of a complaint given by Danish Khan.
He alleged that he was running a courier service office on rent at Main Karawal Nagar Road, Chandu Nagar.
The prosecution relied on police witnesses, as public witnesses turned hostile during the trial due to fear for their safety.
He was informed that his shop was looted and set on fire. The complainant alleged that he suffered a loss of Rs 6-7 lakh. FIR was registered on March 4 in 2020.
On September 4 in 2021, charges were framed against accused Akil Ahmed.
Raheesh Khan and Irshad for offences punishable under Section 143/147/148/454/427/380/435/436 IPC read with Section 149 IPC, to which they pleaded not guilty and claimed trial.
Special Public Prosecutor (SPP) Madhukar Pandey had submitted that the prosecution solely relied upon the police witnesses in support of this case, because public witnesses became hostile during the trial due to fear for their life, as they have to reside, run businesses and live in that particular society or place where incidents of riots took place.
The defence argued that the state failed to prove the charges against the accused and that they were falsely implicated without evidence.
Further, the defence highlighted that the testimony of Constable Piyush didn’t provide incriminating evidence against the accused, except for their presence in a large mob.
