Tahir Hussain Was Part Of Unlawful Assembly 'With Animus Against Hindus' That Murdered IB Staffer Ankit Sharma During Delhi Riots: Court

While convicting former AAP councillor Tahir Hussain for the murder of Intelligence Bureau (IB) staffer Ankit Sharma during the 2020 North-East Delhi riots, the Delhi Court on Monday held that Tahir Hussain was a member of an unlawful assembly which had assembled “with animus against Hindus” and shared the common object of rioting, arson, looting and causing harm to members of the Hindu community.Additional Sessions Judge Parveen Singh of Karkardooma Courts added that the unlawful assembly had surrounded, abducted and brutally assaulted Sharma before murdering him, adding that every member of the assembly was vicariously liable for the offences under Section 149 of IPC.“….the prosecution has successfully proved beyond all reasonable doubt that at the time of the incident, accused Tahir Hussain at around 5.00 p.m on 25.02.2020, was a member of a large crowd and unlawful assembly which, with animus against Hindus, had assembled at Chand Bagh Pulia with a common object to commit rioting, loot, arson and to cause damage to the property and person of the members of the Hindu community; and that the members of this assembly knew that it was likely that in prosecution of the objects of this assembly, death could result and someone could be killed,” the Court held. It said that it was also proved beyond all reasonable doubts through witness testimonies that the members of the said unlawful assembly, being heavily armed, had used violence and indulged in rioting, arson and loot. “It is further established that the members of this assembly had surrounded and dragged Ankit Sharma towards Chand Bagh Pulia and had thereby abducted him where after in a savage and relentless assault upon his person, had murdered him,” it said. The judge held that Hussain was guilty of offences punishable under Sections 188, 153A read with Section 149, 147 read with Section 149, 148 read with Section 149, 365 read with Section 149 and 302 read with Section 149 of the Indian Penal Code, 1860. However, he was acquitted of charges under Sections 120B, 505, 109 and 114 of the Code.The Court similarly convicted co-accused Nazim, Kasim, Javed and Anas for the same offences. However, accused Haseen, Firoz, Gulfam, Shoaib Alam (Hussain's brother), Sameer Khan and Muntazim were acquitted of all charges. The case pertains to FIR 65 of 2020 registered at Dayalpur police station. The FIR was registered on the basis of the complaint made by the deceased's father. He had lodged a missing report when his son went missing during the riots. Ankit's body was later recovered from a drain. He was declared as brought dead by GTB hospital.During the trial, the prosecution examined 91 witnesses. It relied on eyewitness testimony, forensic evidence, call detail records and other material to establish that Sharma was abducted by the rioting mob, murdered and his body thrown into the drain. The matter will now be listed for hearing on the quantum of sentence. The complainant's son Ankit Sharma, an Officer working with the Intelligence Bureau, left his house at around 5 pmon the said date for buying groceries and general household items. However, he did not return home even after several hours.Later, his dead body was found lying in a drain near Chand Bagh Pulia. He had sustained sharp injuries on his head, face, chest, back and on his waist.Thereafter, an FIR was registered by the complainant stating that he had strong suspicion that his son was killed by the main accused Tahir Hussain and his associates.The post-mortem report of the deceased Ankit Sharma revealed that there were 51 injuries caused due to sharp edged weapons and blunt force.Click here to read order

Tahir Hussain Was Part Of Unlawful Assembly 'With Animus Against Hindus' That Murdered IB Staffer Ankit Sharma During Delhi Riots: Court

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Tahir Hussain Was Part Of Unlawful Assembly 'With Animus Against Hindus' That Murdered IB Staffer Ankit Sharma During Delhi Riots: Court

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