A Delhi Court has ordered for seperation of trial of accused persons belonging to Hindu and Muslim religions after referring to the Godhra communal riots trial in a case concerning Delhi riots.
Additional Sessions Judge Vinod Yadav was dealing with an FIR wherein 5 accused persons including 3 Hindus and 2 Muslims were put in a trial involving charges for rioting and murder of one Salman.
"Now, a peculiar situation has arisen that whether the trial can be permitted to proceed with assortment of accused persons from different religions purportedly acting under two different conspiracies and unlawful assemblies. This is definitely going to interse prejudice the defence of accused persons from different religions," the judge noted.
Accordingly, Court relied on the Godhra trial wherein the Gujarat High Court had authorized separation of trial of accused persons belonging to two different communities.
"Bearing in mind the aforesaid judicial precedent, this court also deems it appropriate to separate the trial of the accused persons so that their defence may not even likely to get prejudiced," the Court observed.
In view of this, the Court directed DCP, Crime Branch to furnish a complete set of chargesheet in physical form to the court within two weeks.
"Thereafter, the Ahlmad is directed to put up a separate Sessions Case number thereupon which may be SC no.3A/2021 in this very FIR and the existing chargesheet shall be treated as chargesheet for three accused persons namely, Kuldeep, Deepak Thakur and Deepak Yadav, whereas the other chargesheet shall be treated as chargesheet for accused persons Mohd. Furkan and Mohd.Irshad," the Court added.
The Court had framed charges against the accused persons under sec. 147, 148,149, 153-A, 302, 436, 505, 120-B and 34 of IPC.
Title: State Vs Kuldeep and ors.