Delhi Riots: Court Frames Charges Against One For Being Part Of Violent Mob Which Vandalised, Burnt Fruit Vendors' Carts

A Delhi Court has framed charges against one Krishan for being part of a violent mob which had allegedly looted, vandalised and burnt the carts of several fruits and vegetable vendors in connection with the North East Delhi riots that rocked the national capital last year.

Additional Sessions Judge Virender Bhat framed charges under Sections 147 (rioting), 148 (rioting, armed with deadly weapon), 149 (unlawful assembly), 427 (mischief), 435 (mischief by fire or explosive substance), 395 (dacoity) and 188 (Disobedience to order duly promulgated by public servant) of the Indian Penal Code against Krishan.

According to the prosecution, about around 40­ to 50 persons were resorting to violence in Bhajanpura area during the riots having wooden rods, iron rods, stones, bricks etc. in their hands.

The complainant one Mohd. Jamil alongwith his acquaintances had set up their carts and on seeing the violent mob, they got frightened and started running away. While running away from the spot, they saw that their carts were looted and then burnt by the violent mob.

Since no CCTV camera was installed around the area and no video footage could be collected, the Investigating Officer recorded the statements of the complainant and other victims.

"In the instant case, it is not disputed that the complainant and the other victims were not knowing any person in the mob which vandalised and burnt their carts. However, it can not be disputed at this stage on the basis of the material on record that they were not the eye witnesses to the incident," the Court said.

The Court also noted that the statements of the complainant and other victims clearly indicated that they had identified Krishan from his photograph to have been part of the mob which damaged and burnt their carts.

"I do not find any reason to discard these statements at this very stage. The probative value of these statements can not be gone into at this stage and would be seen only after the trial of a case," the Court added.

"…in view of the material and evidence on record, no case for discharge of the accused has been made out. Accordingly, charges for the offences u/s 147/148/149/427/435/395/188 IPC are liable to be framed against the accused."

Case Title: State Vs Krishan @ Tota

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