A Delhi Court has acquitted five men accused in a case concerning the alleged vandalism and arson at Allah Wali Mosque in city's Karawal Nagar area during the February 2020 North-East Delhi riots.
Additional Sessions Judge Parveen Singh pf Karkardooma Courts held that the prosecution failed to establish their guilt beyond reasonable doubt.
The Court observed that the prosecution witnesses were not credible and that the CCTV footage relied upon by the Delhi Police was inadmissible in evidence for want of valid certificates under Section 65B of the Indian Evidence Act.
The judge acquitted Ankit, Sourabh Sharma, Rohit, Rahul Kumar and Sachin, who were facing charges under Sections 147, 148, 149, 188, 427, 435, 436 and 450 of the Indian Penal Code (IPC). Rohit was also charged under Sections 109 and 114 of IPC.
The Court granted the accused the benefit of doubt and acquitted them of all charges.
The prosecution alleged that Allah Wali Mosque was set on fire on February 24, 2020. It was further alleged that a statue was placed on the slab outside the mosque and articles kept on its four floors were set ablaze.
During the investigation, police obtained CCTV footage from the area and identified the five accused as members of the alleged rioting mob.
The prosecution examined 14 witnesses, including two police personnel who claimed to have witnessed the incident and identified the accused through CCTV footage.
While acquitting the accused, the Court noted that the prosecution's case involved two alleged incidents of vandalism and arson at the mosque — one on February 24, 2020, at around 11 PM and another on February 25, 2020, at around 11 AM.
It also noted that the independent witness, Ali Ahmed, who resided opposite the mosque, had testified that the incident he witnessed occurred at around 8:15 PM and that the mob vandalised and set the mosque on fire, but he did not identify any of the accused.
The Court observed that there was no witness to establish the alleged incident of February 24 at 11 PM or the participation of the accused in it.
With respect to the alleged incident on February 25, the Court found contradictions in the testimonies of police witnesses ASI Junaid and ASI Mithilesh.
It noted that Ali Ahmed had stated that the mosque was vandalised only once and that he remained confined in his house for around four days after the incident.
“The testimonies of PW10 and PW11 regarding the vandalism and arson at the mosque at around 11.00 a.m on 25.02.2020 are not credible,” the Court said.
Further, the judge noted that the police witnesses had given inconsistent accounts regarding their presence at the location and their movements during the relevant period.
The Court held that the testimonies of the two police personnel could not be relied upon to establish the accused's involvement in the alleged rioting and arson at the mosque.
The Court also rejected the prosecution's reliance on CCTV footage to establish the accused's participation in the riots. It observed that the certificate did not fulfil the requirements of Section 65B of the Indian Evidence Act.
“Thus, this certificate does not fulfill the requirements of section 65B of The Indian Evidence Act,” the Court held.
The Court also held that the DVDs containing the CCTV footage were inadmissible as no valid Section 65B certificate had been proved in respect of them.
Accordingly, the Court granted the five accused the benefit of doubt and acquitted them of all charges.