New Delhi [India], August 20 (ANI): Delhi’s Karkardooma Court has recently acquitted three accused of rioting, arson and other offences, noting serious doubts about the credibility of witnesses, probable manipulation of the case diary and a callous manner of investigation.
This case pertains to an FIR registered at the Dayal Pur Police Station. The court noted that the starting point of FIR was the alleged incident of setting a bike showroom on fire. But the charge sheet was silent about this incident. The accused were arrested in connection with another case.
Additional Sessions Judge (ASJ) Parveen Singh acquitted Akil Ahmed alias Papad, Raheesh Khan and Irshad, giving them the benefit of doubt.
While acquitting the accused, ASJ Singh said, “I think that the prosecution has failed to prove its case beyond a reasonable doubt.”
“Accordingly, the accused persons are entitled to the benefit of doubt. All the accused are accordingly acquitted of all the charges framed against them,” ASJ Parveen Singh said in the judgment of August 14.
The ASJ Singh was surprised to find an entry regarding the Hero Honda Showroom being set on fire, but the entire charge sheet contains no investigation into this incident.
“The charge sheet, as well as the IOs, have been completely silent about this Hero Honda Showroom being burnt. Why the incident, which became the starting point of this FIR, wherein other incidents were clubbed later on, was not investigated, has nowhere been explained,” ASJ Singh said in the judgement.
Advocate Sikander represented the accused Akil. According to the prosecution in the agitation against CAA/NRC, protests have been ongoing in the areas of Chand Bagh, Brijpuri Pulia, and other locations in North East Delhi.
On 23.02.2020, the protests turned violent, and riots erupted in several areas, including Chand Bagh, Wazirabad Road, Karawal Nagar Road, Sherpur Chowk, and Shiv Vihar Tiraha. These riots continued until 26.02.2020. The present FIR pertains to an incident of February 25, 2020.
On 25.02.2020, information was received at the Police Station Dayalpur, where it was reported that a Hero Showroom, Chand Bagh, Wazirabad Road, had been set on fire.
On 06.03.2020, another complainant, Sangeeta, gave a statement that during the riots of February 25, 2020, the rioters had vandalised and burnt her husband’s car.
On 06.03.2020, the statement of the complainant, Shankar Dutt Sharma, was also recorded. He alleged that he was the Manager of the Skyride showroom at Chand Bagh, Main Wazirabad Road, Bhajanpura, Delhi.
He further alleged that on 25.02.2020, the rioters had broken three locks of the showroom, damaged three cameras, two front signboards, eight lights, one glass door and one banner, and it had caused a loss of around Rs 68-70 thousand.
On these complaints, the present FIR under sections IPC registrations 147, 148, 149, 427, and 436 was registered.
Accused persons were arrested from the Mandoli Jail on April 16, 2020. The Court raised a doubt about their arrest.
“Here also, doubt arises about how the Investigation Officer (IO) suddenly came to know that these were the persons involved in this case and had been arrested,” the court said.
The court noted, ” It is for the reason that according to the IO, it was Inspector Ashish who informed him on 10.04.2020 that these three accused, who he had arrested in another FIR, had made disclosure statements regarding their involvement in this case.” (ANI)
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