North East Delhi violence: Court acquits three accused of offences of rioting, burning shop

The court noted that the accused persons could not be identified as the members of the riotous mob responsible for the incident in the shop of the complainant.

They were charge-sheeted for the offences of rioting, unlawful assembly, mischief by fire and destroying property by using fire.

This case pertains to the burning of a shop in the Dayal Pur area during the riots of February 2020.

The accused persons were charge-sheeted for having committed offences punishable under Section 147/148/149/427/436 of the Indian Penal Code (IPC).

Additional Sessions Judge (ASJ) Pulastya Pramachala of Karkardooma Court acquitted three accused namely Akil Ahmed alias Papad, Raheesh Khan alias Raisu Khan, and Irshad ASJ Pramachala said, "I find that charges levelled against all the accused persons in this case are not proved beyond reasonable doubts."

"Hence, accused Akil Ahmed alias Papad, Raheesh Khan alias Raisu Khan, and Irshad, are acquitted of the charges in respect of the incident at a shop," the judge ordered on June 7.

The judge observed, "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, which was responsible for the incident at the premises of Danish."

However, the court has not given any observation on the offence in additional complaints.

The judge said, " 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."

Hence, the matter in that respect is being referred to investigating agency again, the judge ordered.

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.

"In order to rule out any misconception, it is also made clear that as per the finding of this court, those complaints were wrongly clubbed in the present FIR and this observation also should be taken into account for the purpose of taking further steps, the court added.

This FIR was registered on the basis of a complaint on March 3 in 2020 given by Danish Khan.

He alleged that he was running a courier service office on rent at Main Karawal Nagar Road, Chandu Nagar.

He further alleged that he had lastly opened this shop on 22.02.2020. Thereafter, this shop was not opened due to tension prevailing in that area. On the evening of February 24 in 2020, he received a telephone call from a person residing in front of his shop.

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.

It was further submitted that turning hostile of the public witnesses could not affect the case of the prosecution, as the testimony of police witness Constable Piyush as produced by the prosecution clearly establishes the case and the involvement of the accused persons in the present case.

On the other hand, it was submitted by advocate Mehmood Pracha counsel for Akil that State has miserably failed to discharge its burden to prove the various charges against the accused persons.

It was further submitted that the accused was falsely implicated, and arrested without any evidence, and the investigating officer made attempts to plant stock witnesses and to make sensational and exaggerated accusations against the accused with ulterior motives.

It was further submitted that constable Piyush in his testimony dated July 23 in 2022, has not attributed anything incriminating to the accused except his presence in a mob of about 1500-2000 persons. (ANI)