The court also found the testimonies of two police witnesses not reliable. (Representational)
Delhi's Karkardooma Court has recently acquitted four accused of rioting, theft and burning shops in the Gokul Puri area in February 2020.
The court acquitted the accused persons giving them the benefit of doubt. The court also found the testimonies of prosecution witnesses unreliable.
Additional Sessions Judge (ASJ) Pulastya Pramachala acquitted Dinesh Yadav alias Michael, Babu alias Sahil, Sandeep alias Mogli and Tinku giving them the benefit of doubt.
The judge said, "I find that charges levelled against the accused persons, in this case, are not proved beyond doubt. Hence, the accused are acquitted of all the charges levelled against them in this case."
The court also found the testimonies of two police witnesses not reliable.
ASJ Pramachala said, "I find the testimony of Constable Vipin Kumar and Head Constable Sanoj to be not reliable to establish that all the accused persons, in this case, were members of the riotous mob, which was involved behind incidents peculiar to victims in this case."
"It is true that by virtue of Section 149 IPC, a member of an unlawful assembly becomes liable for acts of that unlawful assembly. But for that purpose, it must be established with surety that the accused was part of such unlawful assembly which committed the particular act," the court said.
The judge said, "A member of an unlawful assembly can join it any moment and in the same manner, he can leave that assembly any moment. Therefore, presence in one such assembly at a different time, cannot be sufficient to presume that accused remained a member of that assembly all the time."
"Therefore, I find that accused persons herein are entitled to the benefit of doubt in the the present case," the judge added.
The four accused persons have been charge-sheeted by the police for alleged offences punishable under sections 147/148/149/188/380/427/436 of the Indian Penal Code (IPC), on the basis of two complaints made by Shahid and Anees Malik regarding incidents of riot carried out by the riotous mob in their shops situated in Bhagirathi Vihar.
The complainant Shahid alleged that on the intervening night of February 24, 2020, and February 25, 2020, at around 02:00 am -04:00 am, a riotous mob looted spare parts, cash and other necessary documents from his tenanted shop in the name and style of "SK Bike Point". This shop was situated in Bhagirathi Vihar, Delhi.
He further alleged that on the night of February 25, 2020, at around 02:00 am - 04:00 am also the riotous mob looted left over goods/articles and various instruments/machines lying in the aforesaid shop and after that, they set on fire the other leftover goods/articles outside that shop.
During the investigation, on March 12, 2020, one more person namely Anees Malik approached the police with the other complainant.
Anees Malik alleged that on February 25, 2020, at around 02:00 pm, his neighbour called and told that his aforesaid shop had been looted and set on fire. He reached the shop and saw his shop on fire.
He further alleged that lots of valuables were stolen from his shop including jewellery and clothes, which were kept for the wedding of his sister.
It was also alleged that a metal scrape to the tune of Rs 3-4 lakh was also destroyed. He said the complaint was clubbed with the instant FIR.
After completion of the investigation, on August 3, 2020, a charge sheet was filed in Karkardooma Courts against accused Dinesh and Sahil, for offences punishable under Section 147/148/149/188/380/427/436 IPC.
Thereafter, on November 27, 2020, the first supplementary charge sheet was filed by ASI Ram Das adding accused Sandeep and Tinku for aforesaid offences.
Thereafter the court took cognizance of offences punishable under Section 147/148/149/380/427/436 IPC on January 6, 2021.
However, the court declined to take cognizance of the offence under Section 188 IPC, for want of complaint under Section 195 CrPC.
Thereafter, on February 18, 2022, a second supplementary charge sheet along with a complaint under Section 195 CrPC, one CD containing a video clip, FSL reports and other documents, was filed in the court.
This supplementary charge sheet was committed to the session court on March 14, 2022.
Thereafter, on November 26, 2022, a third supplementary charge sheet along with one statement and one certificate under Section 65-B of the IE Act was filed directly before the sessions court.
On August 6, 2021, charges were framed against accused persons for offences punishable under Section 143/147/148 IPC read with Section 149 and 188 IPC as well as for offences punishable under Section 380/435/454/436 IPC read with Section 149 IPC, to which they pleaded not guilty and claimed trial.
(Except for the headline, this story has not been edited by NDTV staff and is published from a syndicated feed.)