North-East Delhi riots: Court acquits 10 accused of rioting, arson and robbery

New Delhi [India], November 29 : Delhi's Karkardooma Court on Wednesday acquitted 10 persons accused of rioting, arson, and robbery in the Gokul Puri area during the North-East Delhi Riots of February 2020. The court noted that the identity of the accused has not been established.
This case pertains to the area under Police Station Gokul Puri and was registered on the complaint filed by one Jagdish Prasad Sharma. He alleged that his shop was burnt by the rioters.
The court acquitted 10 accused persons giving them the benefit of the doubt saying charges against them have not been proved beyond reasonable doubt.
Additional Sessions Judge (ASJ) Pulastya Pramachala said, "I find that charges levelled against all the accused persons in this case are not proved beyond reasonable doubt."
"Hence, accused Mohd. Shahnawaz alias Shanu, Mohd. Shoaib alias Chhutwa, Shahrukh, Rashid alias Raja, Azad, Ashraf Ali, Parvez, Md. Faisal, Rashid alias Monu and Mohd. Tahir, are acquitted of all the charges levelled against them in this case," ASJ Pramachala said in the judgement passed on November 29, 2023.
The accused persons were identified by a police official. However, he changed his stand during cross-examination. The court did not consider his testimony trustworthy.
The judge said, "On the basis of flip flop in the identification of same accused persons at different times and a possibility going in favour of the accused persons, I find accused persons to be entitled to benefit of the doubt."
However, the court rejected the submission that there was a delay in the recording of statements of witnesses. The court said due to delay in recording the testimony can't be discarded.
Delhi police had charge-sheeted these accused for having committed offences punishable under section 147 (rioting) 148 (rioting with deadly weapons), 149 (punishment for unlawful assembly), 436 (destruction of property using fire or explosive substance), 454 (house trespassing to commit offence) 392 (robbery), 452 (house trespassing), 188 (violation of orders issued by a public servant), 153A (promoting enmity between group of people), 427 (mischief by fire), 506 (Criminal Intimidation) IPC.
As per the prosecution case, on February 28, 2020, an FIR was registered at PS Gokalpuri on a written complaint dated February 28, 2020, filed by Jagdish Prasad. Shekhar Bhardwaj was an eyewitness to the incident.
In his complaint, Jagdish Prasad Sharma alleged that his motorcycle repair shop in the name of "Shekhar Bhardwaj Auto Parts" situated at main road Brijpuri, Bhagirathi Vihar, Delhi, was burnt at about 11 am on February 25, 2020, by the rioters.
During the investigation, the Investigation Officer (IO) examined Constable Vipin, Constable Sanjay and Head Constable Hari Babu, who were also witnesses to the incident. They named accused persons.
Thereafter, the IO came to know about the arrest of accused persons by the crime branch
and he formally arrested accused Mohd. Shahnawaz alias Shanu on April 16, 2020.
On April 22, 2020, accused Azad, Shahrukh, Mohd. Shoaib, Rashid alias Raja, Ashraf Ali, Parvez and Mohd. Tahir was formally arrested. Accused Faisal and Rashid alias Monu were arrested on April 25, 2020.