New Delhi [India], November 20 (ANI): Delhi's Karkardooma Court on Monday acquitted seven accused persons in a case of rioting, vandalism, arson etc giving them the benefit of the doubt.
The court said that the presence of accused persons in the riotous mob has not been established.
This case pertains to rioting in the area under Gokulpuri Police Station in February 2020.
Additional Sessions Judge (ASJ) Pulastya Pramachala acquitted seven accused persons namely Sahil alias Babu, Vikas Kashyap, Golu Kashyap, Dinesh Yadav alias Michael, Sandeep alias Mogli, Tinku, Ashok alias Tikki wale ka ladka.
"I find that prosecution has failed to prove the presence of accused persons in the mob, which was responsible for the incident at the shop of Salman, beyond reasonable doubts," the court said.
ASJ Pramachala said, "I find that there is a big mishap in the case of prosecution and evidence brought on the record, in respect of time of the incident. The benefit of such contradictions in the story of prosecution has to go in favour of the accused persons."These accused were charge-sheeted by the police for having committed offences punishable under Section 147/148/149/380/427/452/457/436/188 IPC.
Brief facts of the present case are that on March 2, 2020, the present FIR was registered at PS Gokalpuri, on the basis of a written complaint on February 29, 2020, from one Salman Malik, a resident of Gurunanak Nagar, Mustafabad, Delhi.
This complaint was given in respect of loot, vandalism and arson.
The complainant Salman Malik in his complaint alleged that he was running his shop meant for selling and purchasing old TV, LED, LCDs and old water geyser, at Main Nala Road, Bhagirathi Vihar, Delhi.
It was further alleged that on Feb 23, 2020, due to the bad situation in the area, he closed his shop and returned back to home.
Complainant Salman Malik further alleged that on the evening of February 25, 2020, rioterslooted and set ablaze his aforesaid shop and he suffered loss up to Rs 4-5 lakh.
He further alleged that he was also having a clip of video recording and photo.
The court observed that the video of the incident as mentioned by the complainant in his complaint, was also not placed before the court.
The court added, "The video placed here did not show the incident. Thus, there is also an unexplained claim as made in the complaint and the statement of Nisar Ahmed.""In these circumstances, it is not safe to rely upon ocular evidence of Nisar Ahmed to assume the involvement of accused persons in the incident at the shop of Salman," ASJ Pramachala said in the judgement passed on November 20, 2023.
The court also said that there is another contradiction in the case of prosecution.
The prosecution did not explain why and under what circumstances Salman mentioned the time of the evening of Feb 25, 2020, for the incident at his shop.
On the other hand, as per the statement of Nisar Ahmed, the incident took in the shop of Salman on the evening of February 24, 2023. (ANI)