"Fabricated charge sheet": Delhi court accquits six, slams police investigation

In view of the facts surfaced the court has asked the commissioner of police to take necessary action.

"Had that mechanism worked as it is expected to work, the rights of the accused and the expectation of the society at large that criminal cases are investigated fairly would not have been bulldozed and pulverized," Additional Sessions Judge (ASJ) Parveen Singh said in the judgement passed on January 31.

The court also said that the case of the prosecution is found to be a built up case on the basis of the witnesses who as per their initial statements had not seen any of the rioters but who as per their subsequent tampered, manipulated and fabricated statements under saction 161 Cr.P.C went on to state that they had in fact seen and recognized four persons by their names and who surprisingly even in those fabricated initial statements, did not name the bad character of their area, who was leading the mob.

"Therefore, I find that the prosecution has miserably failed to prove its case against the accused and all the accused are acquitted of all the charges framed against them," ASJ Singh ordered.

The court acquitted 6 accsued namely Prem Prakash alias kale, Ishu Gupta, Rajkumar alias Sewaiya, Amit alias Annu, Surendra Singh and Hari Om Sharma. They were accsued in a case pertains to the FIR lodged at Police Station New Usman Pur for the alleged offences of rioting etc.

While acquitting the Accused persons the court expressed its concern over the tampering and manipulation of the evidence.

ASJ Parveen Singh said, "Before parting, I must observe that the audacity and impunity with which the record was tampered with reflects a complete breakdown of the supervisory mechanism because, the fabricated charge sheet was forwarded by the supervisory officers i.e. the then SHO and the ACP concerned,

"Therefore, I hereby direct that the copy of this order be placed before the worthy Commissioner of Police Delhi who shall initiate necessary action against those responsible and it is expected that steps will be taken to avoid reoccurrence of such ignominy. File be consigned to record room," ASJ Singh said.

The case of the prosecution is that on 25.02.2020 at about 13:12:05 information was received which was to the effect that "dukane tor rhe hai aag laga rhe hai nare baji kar rhe hai .... dande le rakhe hai".

Police team reached Sudamapuri near Aziziya Masjid, but caller was not found there. Scene of crime was inspected and a large number of bricks and pieces of stones were found scattered in the street.

On 29.02.2020 complainants 1. Sh. Mehboob Ali, Asif Ali, Tahir Md., Shoiab, came to police station and submitted their respective complaints regarding incidents taken place at their respective premises.

On 04.03.2020 complainants Md. Raies and Khalid filed their complaints regarding the loss suffered by them during the riots.

On the basis of private CCTV footage seized in another FIR of PS New Usmanpur and on the basis of identification by Ct. Kishan Lal and his subsequent statement, accused Prem Parkash alias Kake and accused Ishu Gupta, Rahul alias Golu, Amit alias Annu and Rajkumar alias Sewaiya were arrested.

These accused were further identified by the beat officers HC Vikas and Ct. Kishan Lal in the police station. On 15.03.2020, eye witness Vedprakash alias Vedu was examined, who was subsequently shown certain photographs and from the photographs he identified Rahul alias Golu, Raj Kumar alias Sewaiya, Amit alias Annu, Prem Prakash alias Kake and Ishu Gupta, the police said.

After completion of investigation, charge sheet was filed against six accused persons namely Prem Prakash alias Kake, Ishu Gupta, Raj Kumar alias Sewaiya, Amit alias Annu alias Baba, Rahul alias Golu and Hariom Sharma, for offences of rioting, unlawful assembly, destroying property by fire etc.

On 19.07.2023 second supplementary charge sheet alongwith several documents including FSL reports, photographs etc. and additional statements, was filed.(ANI)