New Delhi [India], July 8 : A Delhi Court on Thursday acquitted six persons accused of rioting, vandalism, and destroying property during the Delhi riots of February 2020 in the Gokul Puri area, giving them the benefit of the doubt.
The court noted the discrepancy in the statement of witnesses and the identity of the accused could not have been established.
Additional Sessions Judge (ASJ) Pulastya Pramachala acquitted accused Dinesh Yadav alias Michael, Sahil alias Babu, Sandeep alias Mogli and Tinku from the charges leveled against them.
"I find that charges leveled against the accused persons, in this case, are not proved beyond reasonable doubt. Hence, all the accused persons are acquitted of all the charges leveled against them in this case", said Judge Pramachala.
The court also noted that the identification of the accused persons as part of a riotous mob was not established.
"I find that prosecution has failed to prove beyond reasonable doubts that accused persons herein were part of the mob, which was responsible behind both the incidents probed in this case", said the judge.
The accused persons were charge-sheeted by the police for having committed offenses punishable under Section 147(rioting) /148 (Rioting with deadly weapons), 149 (unlawful assembly), 188 (Violation of order issued by public servant), 380 (Theft), 436 (Damaging Property by fire) of the Indian Penal Code, on the basis of two complaints made by complainants Shahid and Razuddin regarding incidents of riot carried out by the riotous mob in their shop/house situated in Bhagirathi Vihar, Gokul Puri.
It was the case of the Prosecution that on March 4, 2020, the present FIR was registered at the Gokalpuri Police Station, on a written complaint of March 2, 2020, from Shahid.
He alleged that on the intervening night of February 24/25 2020 between 3-4 AM, a riotous mob after committing criminal trespass in his rented shop in Bhagirathi Vihar, had looted various articles lying therein including steel glass fitting tools, cash, and other necessary documents.
During the investigation, after obtaining permission from a senior officer, the Investigating Officer interrogated and formally arrested accused Sahil alias Babu who was in custody in another case.
Razuddin had alleged that on March 24, 2020, at about 9 O'clock, a riotous mob after breaking
open his in Gali No.13, Nala Road, Bhagirathi Vihar, looted various articles lying therein.
Thereafter, they put the same on fire, as a result of which he suffered a financial loss to the tune of around Rs 2.5 lakh. The complaint was clubbed with that of Shahid.
On August 26, 2021, charges were framed against accused Dinesh Yadav alias Michael, Sahil alias Babu, Sandeep alias Mogli and Tinku for offenses punishable under Section 143/147/148 IPC read with Section 149 and 188 IPC as well as for offenses punishable under Section 380/436/454 IPC read with Section 149 IPC, to which they claimed trial.
On 27.04.2022, charges were framed against accused Vikas Kashyap and Sonu Kashyap alias Golu, for offences punishable under Section 143/147/148 IPC read with Section 149 and 188
IPC as well as for offences punishable under Section 454/380/436 IPC read with Section 149 IPC, to which they pleaded not guilty and claimed trial.
Advocate Rakshpal Singh, counsel for accused Sandeep alias Mogli and Amicus Curiae for Sahil, Dinesh, and Tinku along with advocate Sunil Kumar Verma, counsel for accused Vikas Kashyap and Sonu Kashyap alias Golu, argued that the present case is for two incidents, but both complainants did not identify any accused.
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