A Delhi Court recently acquitted two accused in a case connected with the north-east Delhi violence noting that the identity of the accused was not established and there was a lack of evidence. Court further noted that the eye witness was not produced by the prosecution and his existence was doubtful.
This case pertains to the burning of a shop by rioters in Police station Jyoti Nagar area on February 25, 2020.
Additional Sessions Judge Amitabh Rawat, while acquitting Suraj and Yogender Singh, observed, "The prosecution has miserably failed to prove its case against accused persons."
The court further observed, "The critical public independent eye witness Rakesh has not been produced by the prosecution and even otherwise the identity and existence of Rakesh in view of the testimony of Head constable Ravinder is in grave doubt."
"The testimony of eye witness Ravinder does not pass muster for believing him to prove the presence and involvement of accused persons in the present incident of riots," the court noted.
The court noted, "As can be made out on the cumulative reading of the entire testimonies of all witnesses, the identification of accused persons is not established at all."
The prosecution has not been able to prove its case against the accused person as no material has come up to connect them to the offence of rioting with deadly weapons under sections 147 and 148 IPC, the mischief of causing fire and destruction of shop of complainant or disobedience to the prohibitory Order under section 144 CrPC. Consequently, the prosecution has failed to prove the charges against the accused persons, the June 7 court order reads.
The accused persons were arrested by Delhi Police in connection with a case registered at police station Jyoti Nagar, Delhi. This case was registered on March 5, 2020 on the complaint filed by Mohd. Saleem.
The complainant had alleged that his shop in the Ashok Nagar area was burnt by rioters on February 25, 2020.
The accused persons were arrested on March 9, 2020 on the testimony of eyewitness Rakesh that Suraj and Yogender burnt the shop of the complainant. They were already in custody in another case at the same Police Station.
Out of total five witnesses, Ravinder and Rakesh were eye witnesses. Later Rakesh was dropped from the list of witnesses by the prosecution as he was not found at the given address and the summons reportedly remained unserved on multiple occasions.
( With inputs from ANI )
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