Court acquits 4 in North-East Delhi Riots case
Nov 14, 2022
New Delhi [India], November 14 : A Delhi Court hearing North East Delhi riots cases acquitted four accused in a case related to rioting and arson of vehicles, including tractors and school bus.
The court acquitted the accused in view of the fact that public witnesses, including the complainant, never identified the accused. This case pertains to the Jyoti Nagar police station area of Shahdara in east Delhi.
Additional Sessions Judge Amitabh Rawat of Karkardooma Court acquitted the four accused -- Shahrukh alias Runku, Ashwani alias Kale, Ashu and Zuber.
The court said the prosecution has not been able to prove its case against the accused persons beyond reasonable doubt which is the touchstone of criminal law.
"Hence, all four accused persons are acquitted of all the offences punishable under Section 147/148/188/427/436 IPC read with Section 149 IPC," the court ordered on November 10.
The case in question was registered on a written complaint on March 2, 2020, by Kirti Raj Tiwari whoi said he runs an MCD parking near Ambedkar College, Delhi.
The complainant said he was at the parking site around 2 pm on February 25, 2020 when about 100-250 rioters came and started ransacking and burning tractors and carts. He dialled 100 and informed the police. The rioters ran away as the police arrived, the complaint stated.
The complainant alleged that around 4.30pm, the rioters returned to the parking spot and set fire to six tractors and 55-60 fruit carts. They also torched a horse-driven carriage near the dispensary on the service road and ransacked a school bus (no. HR-69-A-5148) near the dispensary, the complaint stated.
The prosecution examined two public witnesses -- Kirti Raj Tiwari and Khalid. They deposed that they never identified any rioters at the time of the incident.
The court noted, "Both the said witnesses categorically denied the suggestion by the prosecutor that the four accused persons were involved in the present case of rioting. In fact, the witnesses deposed that they had never known the said accused persons."
"Thus, the said two witnesses who were not only natural but also alleged eyewitnesses, as per the prosecution, have not deposed anything discriminatory against the accused persons," the court added.
"Hence, considering the testimony of these witnesses, there is nothing, as per the evidence, to link the four accused persons to the present case of rioting as investigated in the present case," the court ruled.
