New Delhi [India], September 16 (ANI): A Delhi Court, hearing North East Delhi violence cases discharged four people accused of burning a shop during the riots in February 2020.
The court discharged the accused persons after perusing the photograph of the shop which suggested no sign of fire.
Additional Sessions Judge Pulastya Pramachala on Wednesday discharged the accused Ujer, Jitender, Irshad and Gulfam of the offence of burning a tailor shop during the riots.
“As per the statement given by Manzoor Ali and other witnesses, the shop of Manzoor Ali was damaged and looted and was set on fire by the mob. However, on perusal of the photographs of the shop, same does not show any sign of fire,” Judge Pramachala noted while hearing the case.
This case pertains to an FIR registered on a complaint filed by Manzoor Ali in Police Station Bhajanpura, Delhi in February 2020. Notably, Ali was running a tailor shop.
The Court said that it is possible that witnesses would have given their oral statement in a general manner and inflow because of several other incidents of arson taking place in the area.
“However, the court has to be sure about the case for the offence under section 436 (causing mischief by fire or explosive substance with intent to destroy house) of the Indian Penal Code (IPC) and when from the photographs of the shop in question, it becomes clear that there was no fire in this shop, the court cannot be blindly guided by ocular evidence of the complainant and other witnesses,” the Court observed.
“Hence, I find that charge for the offence punishable under section 436 of IPC is not made out against any accused persons in this case. Accordingly, all the accused persons are discharged for the offence under section 436 IPC,” Additional Sessions Judge said.
The matter has been remanded back to the court of the Chief Metropolitan Magistrate(CMM), since the other alleged offences art triable by Magistrate. The accused persons have been directed to appear before the CMM on September 22 this year.
Earlier also on Monday while hearing the same, the court acquitted Gurjent Singh accused of vandalism and burning a shop during the riot.
In that case, the court termed the statement of the eye witness and complainant Rahis Ahmad “not reliable” who identified him as a member of the riotous mob.
The court said that the Prosecution has not been able to prove charges against the accused beyond a reasonable doubt. While acquitting accused Gurjent Singh, the Special Judge observed, “I find that charges levelled against the accused in this case are not proved beyond reasonable doubts.”
Hence, the accused is acquitted of all the charges in this case,” the court said. (ANI)
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