North East Delhi violence: Court awards 7 years jail term to nine people for rioting, arson
May 10, 2023
New Delhi [India], May 10 : Delhi's Karkardooma court on Wednesday awarded a seven-year jail term to nine persons convicted in cases related to the 2020 North East Delhi riots.
This matter pertains to rioting, arson and vandalism in the Ther area of Gokulpuri during riots in February 2020.
Additional Sessions Judge (ASJ) Pulastya Pramachala of Karkardooma Court awarded different jail terms to the convicts ranging from one year to seven years under different sections of IPC.
The court said, "The convicts formed an unlawful assembly, the object whereof was to cause maximum damage to the persons belonging to Hindu community as well as their properties and to create fear and insecurity in the minds of the members of the Hindu community."
They were also fined Rs 21,000 under different sections.
The court sentenced Mohd Shahnawaz alias Shanu, Mohd Shoaib alias Chhutwa,
Shahrukh, Rashid alias Raja, Azad, Ashraf Ali, Parvez, Md Faisal and Rashid alias Monu, in this case.
All these convicts were held guilty for offences punishable under the relevant Sections of IPC on March 13.
The accused were held guilty on the charges that during the night intervening between February 24 and 25, 2020 at Chaman Park, Shiv Vihar, Tiraha Road all the accused along with their other associates (unidentified) belonging to a particular community formed an unlawful assembly, the object whereof was to cause maximum damage to the persons belonging to another community as well as their properties and to create fear and insecurity in the minds of the members of the community, the statement said.
This mob including aforesaid convicts committed vandalism, theft and mischief by fire in a House. They all had assembled in violation of the prohibitory order passed by the learned Deputy Commissioner of Police (North East) under Section 144 CrPC, the court said in the order passed on May 9.
While convicting the accused persons the court had said that the accused persons were part of an unruly mob whose objective was to cause maximum damage to the properties of persons belonging to another community.
While passing the judgement the court said that the accused persons in this case did become part of an unruly mob, which was guided by communal feelings and was having a common object to cause maximum damage to the properties of persons belonging to another community.
The accused persons were held guilty under sections related to rioting, theft, mischief by fire, destroying properties by setting them on fire and unlawful assembly.
"I find that charges levelled against all the accused persons, in this case, are proved beyond doubt. Hence, accused persons are convicted for offences punishable under Section 147/148/380/427/436 read with Section 149 IPC as well as under Section 188 IPC," ASJ Pramachala said in the judgement passed on March 13.
On the basis of the assessment of the evidence in this case and further reasoning, the court said it was convinced with the version of prosecution against the accused persons.
Brief facts of the present case were that on February 29, 2020, FIR was registered at Gokalpuri police station on a written complaint on February 29, 2020, by one Rekha Sharma. The Complainant alleged that on February 24, 2020, at about 1 to 2 PM when she was at her house at Chaman Park, Shiv Vihar Tiraha Road, Delhi, there was stone pelting in her gali.
"There was a mob in the gali, which was trying to break open the gate of her house. I made a call to her husband, who was on his duty. Her husband returned home and took her away to a safe place and locked the gate," the complainant said.
It was further alleged that during the night intervening between February 24-25, 2020, the mob broke open the rear gate of her aforesaid house and robbed the goods lying therein. They also damaged the house and set on fire its room on the upper floor.
It was further alleged that her house became in bad condition due to a fire in an adjacent godown.
During further investigation, efforts were made to identify other persons involved in the crime with the help of CCTV cameras, viral footage on social media and with the help of public witnesses.
