New Delhi: A city court has acquitted 10 persons of various charges in a 2020 Delhi riots case, saying it finds it unsafe to rely upon the evidence of police eye-witnesses to believe that all the accused persons were part of the mob, which had attacked upon the property of the complainant.
Artificiality of claim creates doubt regarding genuineness of claim made by IO and police eye-witnesses: Court
Additional Sessions Judge Pulastya Pramachala said that the artificiality of claim made by the Investigating Officer (IO) and three police eyewitnesses creates doubt regarding identification of accused persons.
“I can understand that due to ongoing other problems in the form of managing after effect of riots and Covid-19, there could have been delay in going ahead with investigation. However, the artificiality of claim, is different thing which creates doubt regarding genuineness of the claim made by IO and aforesaid police eye-witnesses,”
“PW1, PW2 and PW3 did not support the case of prosecution on the aspect of identification of accused persons. Thus, the overall effect remains that I find it unsafe to rely upon the evidence of PW6, PW9 and PW13, to believe that all the accused persons were part of the mob, which had attacked upon the property of PW1,” the court said while acquitting 10 persons.
The court was hearing the case against the 10 accused persons who were booked in a case registered by the Gokalpuri police station for several offences, including rioting and arson. The accused persons pleaded not guilty and claimed trial.
What was the case of prosecution?
It was alleged by the prosecution that the accused persons, during the communal riots of February 24, 2020, were part of a riotous mob that vandalised and torched a pizza shop on the ground floor of a building in Chaman Park, Brijpuri Road locality and also committed robbery on the first floor. They were also accused of trespassing.
The court found various contradictions in the statements of some eyewitnesses and gap in the evidence of the prosecution and said that it adversely affects the credibility of claim made by those eye-witnesses.
Charges levelled against all the accused persons in this case are not proved beyond reasonable doubts: Court
“In view of my foregoing discussions, observations and findings, I find that charges levelled against all the accused persons in this case are not proved beyond reasonable doubts. Hence, accused Mohd. Shahnawaz @ Shanu, Mohd. Shoaib @ Chhutwa, Shahrukh, Rashid @ Raja, Azad, Ashraf Ali, Parvej, Md. Faisal, Rashid @ Monu and Mohd Tahir, are given benefit of doubt and they are acquitted of all the charges levelled against them in this case,” the court said while acquitting the accused persons.
