Delhi’s Karkardooma Court on Friday acquitted six accused of rioting and other offences finding no evidence against them in the 2020 Delhi riots case.
The court said there is no single evidence against the accused persons. An FIR was registered at police station Karawal Nagar in February 2020.
Additional Sessions Judge (ASJ) Pulastya Pramachala held, “I find that charges levelled against the accused persons in this case are not proved at all.”
“Hence, accused persons Hashim Ali, Abu Bakar, Mohd. Ajeej, Rashid Ali, Nazmuddin alias Bhola and Mohammad Danish are hereby acquitted of all the charges levelled against them in this case,” the judgement passed on August 2.
While acquitting the accused persons the court said that there is not a single evidence on the record to point out towards the accused persons, as member of the riotous mob behind the incident at the premises of Naresh Chand and Dharampal.
The court observed, “As far as CDR and Cell ID Chart are concerned, they do not establish the exact location of the accused persons, nor do they establish the involvement of the accused persons in the incident probed in this case. They could be used only as corroborative piece of evidence.”
“In absence of any evidence to establish the presence of the accused persons in the mob behind the incident in question, I am of the opinion that there is no incriminating evidence against the accused person,” ASJ Pramachala held.
The court noted that despite the availability of video footage accused persons could not be identified.
The court said that it is true that DVR with its contents containing video files are proved on the record. However, no witness is there to identify any of the accused persons in the videos.
” Moreover, appearance of any accused in the video could be confirmed through scientific examination, by way of comparison of picture appearing in the video and specimen picture of the accused persons,” the judge observed in the judgement.
“However, no such steps were taken by IO in this case. Thus, there is no evidence at all to establish that accused persons are appearing in those videos,” the court said.
Advocates Salim Malik and Shavana, counsels for Hashim Ali and Rashid Ali and other accused’s counsels argued that there is no incriminating evidence against any of the accused persons, because there is no evidence to establish their identity as part of the mob.
It was further argued that DVR or contents thereof do not establish identity of the accused persons, for want of any such identification made by any witness in the videos.
On the other hand, advocate Naveen Kumar Raheja, Special public prosecutor (SPP) for Delhi police argued that though the complainant and other cited witness did not support the case of prosecution to identify the accused persons as part of the mob behind the incident, however, prosecution has proved DVR and contents thereof, which include video files.
He further argued that this DVR had recording of CCTV camera installed at the house of complainant, which is also a kind of eyewitness and that is sufficient incriminating evidence against the accused persons.
He also referred to admitted CDR with mobile Cell ID Chart of the accused persons to show presence of accused Abu Bakar and Hashim Ali at the place of incident.
As per the Prosecution on 28.02.2020 FIR was registered on the Complaint of Naresh Chand. He alleged that on 25.02.2020 at about 4:30 PM the situation in the area around his house in Gali No.12, Phase-6, Shiv Vihar, Delhi, was abnormal. Thereafter, at around 5 PM, some rioters barged into his house.
It was further alleged that he along with his family members cried and shouted to save their lives and were saved by other persons. Rioters ransacked his house and thereafter put it on fire. Even the motorcycle which was parked in the gallery as well as three shops in the house, were also put on fire.
It was further alleged that in this incident, fridge, LED 40″, cash amount, jewellery as well as four cylinders, were also looted by this mob. They also vandalized the whole house. ASI Suman Kumar was assigned investigation of the present case.
During investigation police recieved 13 other complaints and clubbed these.
(With inputs from ANI)
