2020 Delhi riots: Court acquits nine accused on 'benefit of doubt'

New Delhi [India], November 28 : The Delhi's Karkardooma Court has recently acquitted nine persons accused of rioting, and destroying property by fire during North East Delhi riots.
The court acquitted the accused giving them the 'benefit of doubt'.
Additional Sessions Judge (ASJ) Pulastya Pramachala, "I find that charges levelled against all the accused persons in this case are not proved beyond doubts."
"Hence, accused Mohd Shahnawaz alias Shanu, Mohd Shoaib, Shahrukh, Rashid alias Raja, Azad, Ashraf Ali, Parvez, Md Faisal, and Rashid alias Monu, are acquitted of all the charges," the court ordered on November 25, 2023.
The accused persons were identified by two police officials Constable Vipin and Head Constable Hari Babu.
The court said that it did not become clear in an unequivocal manner whether the witness (Vipin) had seen all the accused persons in the mob throughout the period from 9 AM till all these incidents took place in the late evening or night.
The court also raised questions on the testimony of Head Constable Hari Babu.
The court said, "This witness had been examined in several cases against the same accused
persons before his evidence was recorded in this case. Despite that, this witness stated that he did not know the names of other accused persons except Shahnawaz, Azad and Ashraf."
"According to him, he knew the names of Shahnawaz and Azad prior to the alleged incident. He came to know the name of Ashraf during his evidence being recorded in other cases," the court observed.
"However, in his statement, it has been shown that he had mentioned names of nine accused persons, on the plea that he knew them since prior to the alleged incident," the court noted.
As per the prosecution, on Jan 3, 2020, an FIR was registered at Police Station Gokal Puri on a written complaint dated Feb 28, 2020, filed by Dinesh Aggarwal, owner of SS Glass & Plywood company having its business in Chaman Park, opposite Rajdhani Public School near Shiv Vihar Tiraha.
He alleged that during the course of violence on Feb 25, 2020, his godown as well as Tempo and motorcycle were burnt by the rioters.
The complainant had further alleged that another vehicle and motorcycle were extensively damaged.
During the investigation, on March 15, 2020, the Investigating Officer called the crime team, inspected and photographed the scene of the crime and obtained an inspection report as well as photographs.
The Investigation Officer (IO) also recorded statements of eyewitnesses namely Constable Vipin and Head Constable Hari Babu, who named accused Shahnawaz alias Shanu, Azad, Shahrukh, Mohammad Shoaib alias Chhutwa, Rashid alias Monu, Parvez, Rashid alias Raja, Mohammad Faisal and Ashraf Ali.
During further investigation, IO interrogated seven accused persons namely Mohd
Shahnawaz, Mohd Shoaib, Shahrukh, Rashid, Azad, Ashraf Ali and Parvez and arrested in Mandoli jail on April 24, 2020. The accused Mohd Faisal and Rashid were also interrogated and formally arrested in Tihar jail on April 27, 2020. They were in judicial custody in another case.
During further investigation, IO obtained a CD containing video footage recorded in the CCTV camera installed at Rajdhani Public School.