North East Delhi violence: Court frames charges against 49 accused for rioting, burning car showroom

New Delhi [India], July 24 : Delhi Court on Monday framed charges against 49 accused persons for rioting and arson in a car showroom in the Dayal Pur area on February 24, 2020.
The court has directed to start the trial in November.
The case is related to riot and arson at a car showroom on Main Wazirabad Road, Opposite Petrol Pump Bhajanpura, Delhi. The mob had also set the other vehicles on fire and window panes of the cars were broken.
Meanwhile, Karkardooma Court discharged Mohd Aftab from all charges in the absence of concrete evidence against him. One accused namely Suleman Siddiqui alias Salman is absconding.
Delhi police had charge-sheeted a total of 51 accused persons in this case.
Additional Sessions judge Pulastya Pramachala said that all accused persons except accused Mohd Aftab, are found liable to be tried for offences punishable under sections 147 (rioting), 148 (rioting with deadly weapons), 427 (Mischief by Fire), 435 (mischief by fire with the intention to damage property of more than Rs 100) 436 (Mischief by fire with intent to damage house etc.) 450 (house tress pass with intent to commit offence punishable with life) IPC read with Section 149 (Unlawful Assembly) IPC as well as under section 188 (violation of order issued by a public servant) IPC.
Charges framed against remaining accused persons for aforesaid offences, to which they pleaded not guilty and claimed trial, the court said in the order on July 24.
ASJ Pramachala said, "I find that a prima facie case for an offence punishable u/s 147/148/427/435/436/450 IPC read with Section 149 IPC as well as u/s 188 IPC, against all the accused persons."
All the accused persons are liable to be tried accordingly, said the judge.
The court discharged one accused and said, "Since there is no concrete evidence of identification of accused Mohd Aftab in the mob behind the incident probed in this case, therefore, he is discharged."
The court discharged all the accused persons from the offence of section 120B (criminal Conspiracy) IPC.
The court observed, "However, the evidence of the witnesses especially the police officials present on duty like Ct Mukesh, Ct Gyan etc do not establish the ingredients of the offence of criminal conspiracy."
"From their statement, the scenario appears to be that mob had gathered on Service Road, near Main Wazirabad Road, which was initially being addressed by different speakers in the name of protest against CAA/NRC," said the judge.
"The mob became violent subsequently and started indulging in riot, vandalism and arson. From these circumstances, the element of prior agreement among the accused persons and others, cannot be inferred," said the judge.
Therefore, I do not find a case being made out for the existence of a criminal conspiracy from the record, said the judge in the order.
The court noted that the complaint made by Rajesh Singh establishes the damage caused to the articles in the showroom and the fact of the showroom as well as articles being set on fire.
"Such facts make out a case for an offence punishable u/s. 427, 435 and 436 IPC. Ingredients of Section 435 IPC is satisfied because the articles were burnt. Ingredients of Section 436 IPC are satisfied because the showroom which was a place for the custody of the articles/cars,
was set on fire," said the court.
The court said that the second complainant Vikas who made a complaint on 27.02.2020, and alleged that on 24.02.2020, crowed of rioters trespassed, attacked and set fire in
car showroom.
The court has also framed charges under the section related to house trespass against the accused persons.
"In view of the complaint and statement made by Vikas and other employees of Fair Deal Car Showroom, it is prima facie apparent that the accused persons committed house trespass in order to commit an offence punishable with imprisonment for life, which makes out a case of offence punishable u/s 450 IPC," the court said.
The court has also framed charges of 149 (Unlawful assembly) IPC against the 49 accused persons.
The court said, "The evidence on the record prima facie shows that accused persons were part of unlawful assembly, which was present there at the spot and which came into action with common object to go on the rampage, damage the properties. In pursuance to that common object, they set fire in Fair Car Deal Showroom."
On the point of identification of the accused and their presence, rejected the contention of the defence counsels.
The court said, "It is apparent that each and every accused has been identified by one or another eye witness. They are police witnesses, whose presence was natural as they were on duty during the riot prevailing period in North East area."
Hence, I find that the argument of defence that these witnesses are stock witnesses is not tenable at this stage, said the judge.
The credibility of these witnesses cannot be looked into at the stage of the trial. It was so observed by Supreme Court in the case of Prafulla (supra) as well, observed the court.
"At present, it is sufficient to find that all the accused except Aftab have been identified by Ct Sunil, Ct Mukesh, Ct Gyan Singh, HC Sunil and Zahid Hasan (public witness), as members of the mob behind the riotous incidents at that place, including the incident at the car showroom in question," the judge said in the order.
The court has put up the matter on November 1, 4, 9, 18, 22 and 30 for prosecution evidence.
Special public prosecutor (SPP) Nitin Rai Sharma submitted that all the accused persons have been identified by the witnesses.
It was also submitted that all these accused persons were part of the same rioting mob, which set fire to the fair car deal showroom.
It was further submitted that all the accused persons were present in the mob at the relevant time with a common object to set fire in the aforesaid showroom.
Special PP further submitted that the presence of accused persons was also shown through the CDR of their mobile phones.
The complainant of the case Rajesh Singh, being General Manager of Fair Deal Cars Pvt Ltd gave his written complaint dated 28.02.2020.
In his complaint, he alleged that due to riots broke out in the area on 24.02.2020, they had closed their showroom and sent the staff to their respective houses.
It was further alleged that on 25.02.2020 at around 6:00 PM, someone called him to inform
him that his showroom was set on fire. When the complainant came to his showroom and assessed the situation, he came to know that six cars, accessories, computers, printers, air conditioners, furniture etc. were set on fire and were completely burnt, which caused a loss of 3.5 Crores (approximately) to the complainant.
On the basis of the written complaint of Rajesh Singh, the present FIR was registered on 05.03.2020 for offences under sections 147/148/149/427/ 436/437 IPC.