2012 Jama Masjid Rioting Case: Delhi Court Acquits 16 Accused

Karur Police

A Delhi court has acquitted 16 men accused of rioting, arson, theft, and unlawful assembly in connection with a 2012 incident near Jama Masjid, citing “serious doubts” in the prosecution’s version of events.

The men were charged with forming an unlawful assembly, pelting stones, torching a police station, and committing theft in the Urdu Bazar area on the intervening night of July 21–22, 2012.

Court’s Observations

Delivering the verdict on September 24, Additional Sessions Judge Virender Kumar Kharta said the prosecution had failed to establish the charges:

No Identification of Accused: None of the prosecution witnesses identified the accused or detailed their individual roles.

Lack of CCTV or Video Evidence: The investigating officer did not collect CCTV footage. Despite the presence of multiple police officers at the scene, no videos were recorded, which could have helped identify the accused.

No Incriminating Material Seized: No recoveries were made from the accused to link them to arson or theft.

Weak Testimony: The court noted “inconsistencies and contradictions” in the statements of police witnesses, which were unsupported by independent witnesses or material evidence.

Judicial TIP Not Conducted: The absence of a Test Identification Parade further weakened the prosecution’s case.

“The things appear not to have happened in the manner these have been projected,” the court remarked, adding that the testimonies of police witnesses “were not of sterling quality to secure conviction.”

Acquittal On Benefit Of Doubt

Reiterating the principle that the burden of proof lies entirely with the prosecution, the court said, “It is an established principle of law that if two views are possible, the view favourable to the accused must be accepted. The benefit of doubt must always go to the accused as the prosecution has to prove the case beyond a reasonable doubt.”

Accordingly, all 16 accused were acquitted of the charges.