Court Acquits Four Men In Delhi Riots Case, Says “Dangerous” To Rely On Police Witnesses

A Delhi Court yesterday acquitted four men in a 2020 North-East Delhi riots case relating to alleged burning of an auto-rickshaw and vandalism of a shop, observing that it would be “dangerous” to rely upon the testimonies of the police witnesses.Additional Sessions Judge Parveen Singh of Karkardooma Courts said that the two police witnesses, on whose testimonies the prosecution case substantially rested, were “not credible witnesses” and their version stood "falsified" by the investigation record itself.“In view of my aforesaid discussion, I find that PW6 and PW7 are not credible witnesses and it will be dangerous to rely upon their testimonies and find for the prosecution against the accused,” the Court said.The judge held that the prosecution had failed to prove its case beyond reasonable doubt and acquitted accused Sumit Kumar, Anuj, Rahul and Sachin of all charges under Sections 147, 148, 149, 188, 427, 454 and 436 of IPC.The FIR was registered at Karawal Nagar police station on the complaint of one Wazid, who alleged that rioters had set his auto-rickshaw on fire on February 25, 2020. During investigation, another complaint by one Shamshad regarding vandalism and arson at his shop was clubbed with the FIR.During trial, the prosecution examined multiple witnesses including two police officials, who claimed to have witnessed the incidents and later identified the accused from CCTV footage.However, the Court noted that complainant Wazid could not be produced before the Court, while Shamshad, examined as a prosecution witness, stated that the incident at his shop had occurred in his absence and that he could not identify any of the accused persons.The Court observed that even if the CCTV footage produced by the prosecution was accepted, it did not directly depict the incidents forming the basis of the charges and merely formed the basis for identification by the two police witnesses.Furthermore, the Court found contradictions between the testimonies of the two cops and the case set up by the investigating officers regarding the actual place of occurrence.“Therefore, as the incident had not happened at Karawal Nagar Chowk, PW6 and PW7 could not have seen the accused burning this vehicle at Karawal Nagar Chowk,” the Court observed.The Court further noted that as per the complainant's supplementary statement, the incident involving the auto-rickshaw had taken place around 5:30 PM, contradicting the witnesses' claim that they saw the incident at 3 to 4 PM.The Court also found inconsistencies regarding the location of Shamshad's shop. While one of the police officers (prosecution witness) claimed that the shop was situated behind Om Bikaner Sweets, the judge said that the complaint itself and photographs on record showed that the shop was situated in front of Om Bikaner Sweets.“It is also to be noticed that in none of the statements of the witnesses recorded by IO, there is any mention of any shop of Shamshad or a namkeen shop being burnt in their presence and their statements u/s 161 Cr.P.C are very generalized,” the Court said.Accordingly, the Court acquitted all four accused persons and cancelled their bail bonds.”In view of my aforesaid discussion, I find that PW6 and PW7 are not credible witnesses and it will be dangerous to rely upon their testimonies and find for the prosecution against the accused. I accordingly find, that prosecution has failed to prove its case against the accused. All the accused are accordingly acquitted of all the charges framed against them,” the judge concluded.Click here to read order

Court Acquits Four Men In Delhi Riots Case, Says “Dangerous” To Rely On Police Witnesses

Nupur Thapliyal

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Court Acquits Four Men In Delhi Riots Case, Says “Dangerous” To Rely On Police Witnesses

Nupur Thapliyal

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INR 1099+GST

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