Delhi Riots: Court Acquits Three In Mosque Arson Case, Slams Police For Making Arrest Based On 'Inadmissible Evidence'

A Delhi court has recently acquitted three men accused of vandalism, arson and loot at Jannati Masjid in city's Gokalpuri area during the 2020 North East Delhi riots. Additional Sessions Judge Parveen Singh of Karkardooma Courts acquitted Deepak, Prince and Shiv, while criticising the Delhi Police's investigation for relying on inadmissible electronic evidence and delayed, unreliable eyewitness testimony.The judge said that he was "pained" to observe the manner in which the investigation was conducted because the "accused were arrested on the basis of an inadmissible evidence", which was also the basis on which they were charge sheeted. The Court said that from the date of arrest of accused till the filing of first chargesheet, there was no concrete evidence. “It is only 1½ years later that two chance witnesses, who in fact were found by chance, were examined in September 2021 and as discussed above, it is possible that they were never examined because the place of examination as stated by the IO in his case diary did not exist on the day they were examined,” the Court said. “I have made these observations with the hope that the investigating agency takes note of the manner in which this matter has been investigated and initiates corrective measures to ensure that in future, personal liberties of citizens are not undermined unless, there is evidence enough to implicate them in a crime,” it added. FIR 50 of 2020 was registered at Gokalpuri police station. It was alleged that a mob armed with sticks and inflammable material vandalised and set fire to Jannati Masjid, looted cash and articles, and damaged nearby properties during the riots. Holding that the prosecution had failed to establish guilt beyond reasonable doubt, the court acquitted the accused of all charges under Sections 147, 148, 149, 380, 427, 436 and 188 of the IPC.The court noted that the arrests were primarily based on CDs allegedly containing video footage of the incident, which were said to have been provided by a “secret informer.” However, the it was observed that the prosecution failed to legally prove the recordings in court. Click here to read order

Delhi Riots: Court Acquits Three In Mosque Arson Case, Slams Police For Making Arrest Based On 'Inadmissible Evidence'

Nupur Thapliyal

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