Court frames charges against 10 accused for rioting, arson, vandalism
Apr 26, 2022
New Delhi [India], April 26 : A Delhi Court on Tuesday in a case related to Northeast Delhi violence framed charges against 10 accused persons for rioting, arson and vandalism including other sections. The case pertains to violence in the area of the Police Station of Gokul Puri in February 2020.
Additional Sessions Judge Virender Bhatt framed the charges against 10 accused, namely, Mohd. Shahnawaz @ Shanu, Mohd Shoaib, Shahrukh, Rashid, Azad, Ashraf Ali, Parvez, Md. Faisal, Rashid@ Monu and Mohd. Tahir for alleged rioting, arson and vandalism including others.
The Court said, "In the case at hand, the material on record prima facie discloses that the accused were the members of an unlawful assembly on 24 February 2020 which had been formed with the objective to create fear and panic amongst the people belonging to Hindu community, to threaten them to leave the country and to cause arson, loot etc. as well as to set ablaze the shops/houses belonging to them. The material on record also disclosed the commission of offences of rioting, looting, and setting ablaze the house of the complainant by the accused.
The Court observed, "Undoubtedly if the evidence collected during the course of investigation as annexed with the charge sheet remains unrebutted, the conviction of the accused is reasonably possible. Thus there is no escape from the conclusion at this stage that the accused were members of unlawful assembly which resorted to vandalization, rioting etc. and in the process robbed and set ablaze the house of the complainant. No case for discharge is made out. It is, thus, held that the charges under sections 147, 148, 436, 452, 454, 392, and 427 read with 149 IPC are liable to be framed against all the accused.
Special Public Prosecutor R C Bhadauria argued that there is sufficient material on record to frame charges against all accused. All the above named accused constituted an unlawful assembly on 24 February 2020 at about 2.30 PM and in furtherance of the object of the assembly, they vandalised, robbed and set ablaze the house of the complainant Satish Kumar.
In this case, the FIR was registered on 4 March 2020 on the complaint dated 1 March 2020 lodged by the complainant Satish Kumar. During the investigation, it was found that all the 10 accused are in custody in another case of Police Station Gokulpuri. They were interrogated in the jail and statements were recorded.
The court rejected the contention of the defence counsel that there is an unexplained delay of nine days in the registration of FIR and none of the accused named in the same which indicates that the accused have been named as assailants in this case later on falsely.
