Court Convicts Man For Harbouring Shahrukh Pathan, Who Pointed Gun At Cop After He Absconded During Delhi Riots

A Delhi Court has convicted a man for harbouring Shahrukh Pathan, the man who pointed a gun at a policeman during the North East Delhi riots, after he had absconded.

Additional Sessions Judge Amitabh Rawat convicted one Kaleem Ahmed under sec. 216 of IPC after he had voluntarily pleaded guilty to the charge framed against him.

Sec. 216 talks about harbouring an offender who has escaped from custody or whose apprehension has been ordered by the police.

The judgment came in a related proceedings concerning FIR 51/2020 registered at Jafrabad police station. The Judge had, on the same day, framed framed charges against Shahrukh Pathan and three others observing that it was not an ordinary case of individuals or groups committing an unlawful act.

The FIR related to an incident wherein Pathan was captured pointing a gun on a policeman, pictures of which had gone viral on the Social Media and internet.

Pathan was booked in FIR 51/2020 registered at Jafrabad police station. It involves charges under Sections 147 (rioting), 148 (Rioting, armed with deadly weapon), 149 (unlawful assembly), 153­A (Promoting enmity between different groups on grounds of religion etc), 186 (Obstructing public servant in discharge of public functions), 188 (Disobedience to an order lawfully promulgated by a public servant) 307 (Attempt to murder), 353 (Assault or criminal force to deter public servant from discharge of his duty), 505 (Statements conducing to public mischief), 120­B (Criminal conspiracy) and 34 (common intention) of IPC along with Section 27 (Punishment for using arms, etc) of Arms Act.

It was the case of the prosecution that Shahrukh Pathan had absconded and his house was found locked after the riots. 

On the receipt of a secret information, a police team left for Shamli, Uttar Pradesh to trace him and came to know that he would be coming at Shamli Bus Stand for changing his hideout. A trap was laid and he was intercepted and arrested subsequently.

Shahrukh Pathan had then made disclosure about his involvement in the case and disclosed that while he was crossing Sonepat, Haryana his car developed snag after which he called his acquaintance Kaleem Ahmed who had then reached the spot and took him along with his car by towing away the same.

The Court was of the view that as per the CDR analysis of Kaleem Ahmed, his location was at Shamli, U.P at after which it was moved towards Panipat, Haryana. The Court said that the same clearly showed that Shahrukh Pathan was waiting for Kaleem at Panipat and Kaleem Ahmad had reached there for his help.

"The DVR installed at the shop Alina Mobile Center, Kairana,Shamli, U.p from where the accused Shahrukh Pathan had purchased the mobile phone was checked and it was found that on 27.02.2020 at about 12.50 PM, both accused Shahrukh and Kaleem had visited together at the said shop for buying a mobile," the Court added.

Noting that Kaleem had pleaded guilty to the charge, the Court convicted him under sec. 216 of IPC.

"To come up for arguments on the point of sentence qua convict Kaleem Ahmed on 16.12.2021," the Court added.

Title: State v. Kaleem Ahmed

Click Here To Read Order