North East Delhi riots: Father-son acquitted of offence of burning a mosque and house during riots
Sep 25, 2024
New Delhi [India], September 25 : A Delhi Court hearing North East Delhi riots cases recently acquitted father and son of the offences of burning Fatima mosque and nearby houses in Khajoori Khas area during riots in February 2020.
An FIR was registered at police station Khajoori Khas.
Additional Sessions Judge (ASJ) Pulastya Pramachala acquitted accused Mithhan Singh and his son Jony Kumar giving them benefit of doubts. The court noted that the presence of accused persons among rioters could not be established.
The court said that the statements given by constables Pradeep Kumar and Kalik Tomar
for having identified both accused during incidents probed in this case, at a subsequent time on 09.03.2020, do appear as abnormal development.
"One cannot rule out that their such statements were given or prepared with a pre-determined mind set against both accused, who were already in police custody since 05.03.2020," ASJ Pramachala held in Judgement passed on September 19.
" Therefore, in view of aforesaid circumstances, only on the basis of evidence of Pradeep Kumar and Kalik Tomar, I do not find it safe to presume presence of both accused persons among the rioters on February 25, 2020, during the incidents as probed in this case," the Judge said.
An FIR was registered on 04.03.2020 for offences punishable under Section related to rioting, robbery, destruction of property by fire etc. complaint of 04.03.2020 filed by Mohd. Munazir.
In his complaint, Mohd. Munazir alleged that in the morning of 25.02.2020, he came out of Fatima Masjid after offering Namaz, for going to his house in Gali No.29, Khajuri Khas, Delhi.
In the way, he saw mob in his gali. On his asking, Kishan Pal assured that there was no matter and he would manage the situation. Thereafter, Mohd. Munazir went to terrace at 2nd floor of his house. He saw that, rioters reached his housee.
It was further alleged that first of all, rioters broke the glass etc. of Masjid and thereafter, set it ablaze, ignoring his request.
He also alleged that he had seen that rioters were setting ablaze the nearby houses. He had also seen that accused Mithhan Singh and his son were seeing all these happenings from their terrace. Stones were being pelted on the house of complainant from his surroundings, as well as in the said gali.
He further alleged that there were sounds of bullets firing, gas cylinders were being thrown and he had hidden in his house. Ground floor of his house was also set ablaze by the rioters. Thereafter, he was rescued by the force in blue uniform. When he came back to his house, he found his house in completely burnt condition and the roof was tilted.
It was further alleged that gold ornaments weighing 100 grams, silver weighing one and half kilograms and cash amount of Rs.1,50,000 meant for marriage of his two daughters, were looted from his house in this incident.
After completion of investigation, on 06.06.2020 a chargesheet was filed by the investigation officer in Karkardooma Courts against both accused persons.
On 20.12.2021, charges were framed against accused Mithhan Singh for offences punishable under Section 109 (Abetment), 114 (Presence of Abetter) IPC, to which he pleaded not guilty and claimed trial.
The court also framed charges against accused Mithhan Singh and Jony Kumar for offences punishable under Section related to rioting, robbery, arson alongwith unlawful assembly.
On 06.10.2023, additional charge was framed against both accused persons for offence punishable under Section 188 IPC, to which both accused persons pleaded not guilty and claimed trial.
