Northeast Delhi violence: Court acquits 4 accused of rioting giving benefit of doubts

This matter pertains to an FIR registered at police station Gokul Puri, Delhi.

Delhi police had clubbed five Complaints of rioting and assault, theft near Johri Pur Pulia in the present case FIR.

Additional Sessions Judge Pulastya Pramachala of Karkardooma Court acquitted Dinesh Yadav alias Michael, Babu alias Sahil, Sandeep Mogli and Tinku.

The judge said, " I find that charges levelled against the accused persons, in this case, are not proved beyond doubt. Hence, the accused are acquitted of all the charges levelled against them in this case."

It was submitted by the prosecution that it was the same mob which remained there at Johripur pulia.

The judge said, " However, I find that this submission is not based on evidence, rather it is a kind of presumption made by the prosecution."

The court said, " A member of an unlawful assembly can join it any moment and in the same manner, he can leave that assembly any moment. Therefore, presence in one such assembly at a different time, cannot be sufficient to presume that the accused remained a member of that assembly all the time."

The Special Public Prosecutor (SPP) had referred to facts of another FIR of the same Police station and the plea of guilt taken therein by three of the accused Dinesh, Sandeep and Tinku.

The court noted that the place and time of incidents in both cases were different.

The court said that I find the testimony of Prosecution witnesses to be not much helpful to establish that all the accused persons, in this case, were members of the riotous mob, which was involved in incidents peculiar to victims in this case from 04:30 AM up to 11:00 am.

The court said, " It is worth mentioning here that accused persons have been prosecuted for alleged offences with aid of Section 149 IPC. But for that purpose, it must be established with surety that the accused was part of such unlawful assembly which committed the particular act.

Delhi police had charge-sheeted the accused persons for having committed offences punishable under Section 147/148/149/188/323/308/380/ 427/454 IPC.

The case was registered on the basis of five complaints made by complainants by Mohd. Asif, Mohd. Afzal, Mohd. Rashid, Shaukat and Naval Singh, regarding incidents of rioting carried out by the riotous mob at and around Johripur puliya.

It was alleged that on 03.03.2020, FIR was registered on receipt of a written complaint of 02.03.2020 from one Mohd. Asif. He alleged that on 25.02.2020 at about 11.00 AM, he along with his father Mumtaz Ali was returning to their house in an E-rickshaw from Indirapuri, Ghaziabad.

When they reached near Johripur Pulia in the E-rickshaw, they saw a large gathering of rioters, who were engaged in vandalism and stone pelting, he alleged.

Thereafter, they alighted from E-rickshaw and started moving towards their house on foot.

He alleged that he received a stone blow on his head, whereas his father received a stone blow on his chest, as a result of which he suffered simple injuries, while his father suffered grievous injuries.

On 20.03.2020, another complaint was received from Mohd. Afzal who alleged that on 25.02.2020, at about 11.00 AM on account of communal tension in the area he was rushing back to his residence when a riotous mob of around 80-90 people confronted him at Johripur puliya and after confirming his religious identity, gave him beatings and tried to throw him into the drain (nallah). Since the date, time and place of the incident mentioned by this complainant was same, so his said complaint was clubbed with the instant case FIR.

On 22.03.2020 another complaint was received from Mohd. Rashid who alleged that on 25.02.2020 at about 8.00 AM he along with his neighbour Wazid was returning to their house on a motorcycle after fetching milk, when a riotous mob stopped them and gave beatings. However, they somehow managed to save their lives. His complaint was also clubbed in the instant case.

Another complaint was received from Shaukat regarding committing of house trespass and theft by the riotous mob on 25.02.2020 at his electronics shop situated at nala road, Johripur puliya, adjacent to Axis ATM, Delhi-94. The said complaint was also clubbed with the instant FIR.

Another complaint was received from Naval Singh wherein he stated that on 25.02.2020 at about 5.30 AM, he along with his family was coming back to his residence after attending a marriage in his car and when he reached Ganga Vihar, Johripur puliya, a riotous mob attacked his said car with lathis/dandas, broke its window panes and caused other damages. His complaint was also clubbed with the instant FIR. (ANI)