Image for representation purpose only.
A court in New Delhi has acquitted a man of the charges of rioting and criminal conspiracy, saying the prosecution had “completely and miserably” failed to prove the guilt of the accused beyond reasonable doubt.
The court was hearing a case against Mohammed Asif, who was accused of being a member of a riotous unlawful assembly that was armed with deadly weapons and indulged in vandalism, violence and criminal trespass on February 29, 2020, during northeast Delhi communal riots.
According to the prosecution, Mr. Asif, accompanied by eight to 10 unknown rioters, and armed with stones and sticks, unlawfully stepped onto the terrace of the complainant and attempted to enter his house in Chauhan Banger locality in Shahdara.
“I am of the considered opinion that the prosecution has failed to establish its case beyond reasonable doubt against the accused. Accordingly, accused Mr. Asif…is hereby acquitted…,” Metropolitan Magistrate Abhinav Pandey said in an order passed last week.
The judge also said: “The prosecution has completely and miserably failed to prove the guilt of the accused beyond reasonable doubt.”
The court said the complainant, Sachin Rawal, and his brother did not support the prosecution’s version of events at all.
Since the material and eyewitnesses did not support the prosecution’s case, the court did not deem it expedient to record the testimony of the remaining witnesses, who were merely formal witnesses, it said.
“Nothing incriminating could come on record against the accused and there are no circumstances appearing against him in the prosecution evidence, and therefore the examination of the accused…was dispensed with,” the court said.
The court said police did not conduct the test identification proceedings of the accused in the presence of the complainant and, during the complainant’s examination, he did not identify the accused.
The court noted Mr. Rawal’s statement, according to which he had written in the complaint about identifying the accused only at the direction of police officials.
The complainant’s brother also did not support the prosecution’s version regarding the identification of the accused, the court said.
“It becomes clear from the perusal of the aforesaid testimony of the eyewitnesses that the prosecution case has fallen flat on its face and has no legs to stand upon,” the court said.
The Jafrabad police station had registered an FIR against Mr. Asif under sections 147 (rioting) 148 (rioting, armed with a deadly weapon) 149 (every member of unlawful assembly guilty of offence committed in prosecution of common object) 458(lurking house-trespass or house-breaking by night after preparation for hurt, assault, or wrongful restraint) and 120 B (criminal conspiracy) of the Indian Penal Code.
