New Delhi [India], November 3 (ANI): Delhi's Karkardooma Court has recently acquitted five accused of unlawful assembly, rioting, burning a mosque and putting a statue in the Karawal Nagar area during the North East Delhi riots of February 2020. The court said that the prosecution has failed to prove the allegations beyond reasonable doubt.
This case pertains to a case FIR registered at Karawal Nagar Police Station. The accused were identified as part of a mob that committed arson in the mosque on the basis of CCTV footage by the police and a public witness. However, the police could not produce a valid certificate of the video source required under the Indian Evidence Act.
Additional Sessions Judge (ASJ) Parveen Singh acquitted the accused, namely Ankit, Sourabh Sharma, Rohit, Rahul Kumar and Sachin, of the allegations levelled against them.
"I find that the prosecution has failed to prove its case against the accused. All the accused are accordingly granted the benefit of doubt and acquitted of all the charges framed against them," ASJ Parveen Singh said in the judgement of October 31.
It was alleged that on February 24, 2020, a Masjid Allah Wali was set on fire and a statue had been put on the slab outside the door of the masjid. It was further alleged that all the articles kept on four floors of the mosque had been set on fire. On the basis of this complaint, an FIR under sections 147, 148, 149, 436 IPC was registered on March 1, 2020.
The court said that, on the face of it, the certificate is not valid as per the Indian Evidence Act, as admittedly the details of the computer system have not been mentioned. The person who had issued the certificate had no control over the data which he had provided. Thus, this certificate does not fulfil the requirements of section 65B of the Indian Evidence Act.
"Considering these facts and circumstances, the video footage cannot be considered in evidence even for the purpose of finding the accused as members of the unlawful assembly or the violation of prohibitory order under section 144 CRPC," the court said.
Complainant Ali Ahmed, a local resident, had alleged that a number of persons came into the street, started vandalism and set ablaze the mosque, which was situated in front of his house. After setting the mosque on fire, this mob went away, and the local residents doused the fire. However, after 10 minutes, those persons returned.
He went to the terrace of his house, and the mob started vandalising his house. The mob took out one motorcycle and one cycle from his house and set them ablaze in the gali. They also damaged the electricity meter of his house, and besides his house, they damaged 4-5 more houses. He remained confined in his house for 04 days, whereafter, in the house of another person for one day, he alleged. (ANI)
Northeast Delhi riots 2020: Court acquits 5 accused of rioting, burning mosque; Says prosecution failed to prove allegations
