New Delhi [India], November 18 (ANI): A court hearing East-Delhi riots-related cases of 2020 on Friday acquitted four persons accused of rioting and burning a shop during riots in February 2020 in the Gokul Puri area.
The court acquitted the accused, giving them the benefit of the doubt and also cited ‘inconsistent statements’ of police witnesses.
Additional sessions judge, Justice Pulastya Pramachala of Karkardooma court acquitted Mohammad Shahnawaz alias Shanu, Mohammad Shoaib, Sharukh and Rashid f the charges of rioting, unlawful assembly and arson.
“I find that (the) charges levelled against the accused persons in this case are not proved beyond doubts, “read a copy of the judgement on Friday.
The court also noted the ‘difference in the testimonies’ of two police personnel.
“In the present case, police constable Vipin stated that the incident at Shop A-53 took
place after midnight, though head constable Hari Babu mentioned the time as around
2 PM,” the court further noted.
“There is mark difference in the testimony of these two witnesses, regarding the number of persons assembled at that place,” the court observed.
“Keeping in view such varying accounts of same facts, I find it desirable to apply the test of consistent testimony of more than one witness. Applying that test, I hold that the sole testimony of constable Vipin cannot be sufficient to assume the presence of accused persons herein in the mob, which set ablaze shop A-53 and the goods carrier, both belonging to the complainant. In such situation, accused persons are given the benefit of the doubt, ” the judgement read.
The court also noted that in the present case, constable Vipin only stated that he knew some members of the mob and named them before the investigating officer (IO) and the court. However, it did not state any ‘overt act’ of the accused persons.
The accused were charge-sheeted by the police for offences punishable under Section 147/148/149/188/380/427/436 IPC.
The case in question was registered at Gokalpuri police station on a written complaint by Ravi Shankarm on February 29, 2020.
In his complaint, Shankarm stated that on February 24, 2020, around 2pm, he had gone to attend a marriage ceremony. He received a call from his neighbour about rioting near his shop at A-53, Chaman Park, Shiv Vihar Tiraha, Main Johripur Road.
On February 26, 2020, the complainant went to his shop and found the shutter broken and in burnt, the complaint said.
He said that he also found all his articles in the shop, as well as his two-wheeler, a Bajaj GC, meant for supplying cold drinks and parked in Shiv Vihar Tiraha, Main Road, in burnt state.(ANI)
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