Northeast Delhi violence: Court acquits man accused of vandalism due to lack of evidence
Apr 27, 2022
New Delhi [India], April 28 : A Delhi Court on Wednesday acquitted a man accused of vandalism in a shop during the violence in Northeast Delhi's Khajoori Khas area following the lack of reliable evidence.
He was booked by Delhi Police under sections related to rioting, unlawful assembly, arson and vandalism.
Additional Sessions Judge Virender Bhatt acquitted Noor Mohammad alias Noora from the charges of rioting, arson and vandalism in Bunny Bakery Shop, at Chand Bagh Pulia on February 25, 2020.
The court does not find any cogent and reliable evidence on record to hold the accused guilty of charges framed against him, the acquittal order read.
While acquitting the accused, the court observed, when an unlawful assembly or a large number of persons take part in arson or in a clash between two groups, in order to convict a person, at least two prosecution witnesses have to support and identify the role and involvement of the person concerned.
The Court observed in the order, "The manner in which Police beat constable stated to have identified Noor Mohammad alias Noora as a rioter on April 2, 2020, in the police station when he was being interrogated by the Investigation Officer (IO), appears to be absolutely doubtful and devoid of trustworthiness."
From the deposition of the IO and a sub-inspector, it is evident that the accused was not arrested on the identificatory statement of the beat constable. He was arrested in this case merely on the basis of his alleged disclosure statement recorded by the sub-inspector on March 31 2020, the court noted.
The Court said, "So far as the deposition of IO to the effect that the complainant Gyenendar Kumar also identified the accused as one of the rioters on April 2, 2020, in Police Station, is concerned, the same has not been affirmed by the complainant himself. The complainant has nowhere stated in his entire deposition that he had gone to Police Station on April 2, 2020, and had identified the accused there."
