New Delhi [India], April 22 : A Delhi Court, hearing Northeast Delhi riots cases, has asked the Deputy Commissioner of Police (DCP) concerned to take immediate remedial action over sending inaccessible video to the Forensic Science Laboratory (FSL). The video contained footage of a man accused of arson in a place of worship but the DVD was inaccessible in the system.
This matter pertains to an incident of arson in a place of worship in Ashok Nagar of Jyoti Nagar police station area of Shahadara District.
Additional Sessions Judge (ASJ) Amitabh Rawat of Karkardooma Court directed the DCP concerned to take immediate remedial action in the matter.
The ASJ Rawat said, "There is no other witness to identify the accused Naresh alias Monu in this case. It is inexplicable as to how the incriminating video as regard accused Naresh, when sent to the FSL is found to be inaccessible."
"If it was so, the IO/SHO/ACP should have again sent the correct and accessible video to the FSL for their opinion and filed the same," he added.
The judge pointed out that instead, the IO has filed the supplementary charge sheet alongwith the FSL report of inaccessible video as stated above. Thereafter, it asked the court to order on charge based on the available record itself.
The court said, "It becomes difficult for the court, based upon an unverified DVD as per the FSL report to frame charges against the accused Naresh but yet at the same time if the video exists and it is verified by the FSL, it can inculpate the accused and thus discharging him at this stage without FSL report will hurt the conscience of this court, particularly, given the nature of case of burning of a religious place. Moreover, the origin of the video is not disclosed."
The court was hearing arguments on the framing of charges against accused Rahul Kumar, Suraj, Yogender Singh and Naresh alias Monu. Now matter has been listed on June 7.
The court noted that there exists one public witness Gul Mohd., who has identified accused Rahul while there is one CCTV footage as regards Suraj and Yogender.
The court said that as far as accused Naresh alias Monu is concerned, he is stated to have climbed the top of a religious place and raised the Indian and Saffron flag over the top. He is also accused of arson of the religious place and shops therein.
As per IO, there exists a video for this. However when the video was sent to CFSL, the CFSL report was received stating that the DVD was found inaccessible in video analyst system hence, no examination was carried out. The FSL report was filed by way of supplementary charge-sheet, the court said in the order passed on April 15.
The present pertains to an incident on 25.02.2020 at 1.15 pm of arson at a religious place. The complainant had informed the PCR that there is a gathering of around 1000 people who have burnt the religious place and heading towards his house.
When the police reached at the spot place of worship and seven shops of its Ground floor were burning.
Cognizance was taken under Section 147/148/149/188/380/427/436 IPC and 3 of Delhi Prevention of Defacement of Public Property, (DPDPP) Act, 2007 against all the four accused persons on 24.09.2021.
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