A cour🍷t here has acquitted nine men in a case of setting a medical store on fire by a mob du♈ring the 2020 northeast Delhi riots, saying the sole testimony of a witness was insufficient to assume their presence and that the accused were entitled to the benefit of doubt.
The court was hearing a case against nine men accused of being part of a riotous mob that torched a medical store🐬 on the main Brijpuri Road in Bhagirathi Vihar on February 25, 2020.
"I find that charges levelled against all the accused persons are not proved beyond doubt. Hence, the accused are acquitted of a🍸ll the charges levelled against them in this case," Additional Sessions Judge P꧃ulastya Pramachala said in a recent order.
The judge said it was "well established" that an unlawfu♋l assembly was involved in rioting, vandalism and arson -- thereby damaging and burning the shop.
But for the identification of the accused, three public witnesses -- including 💃the complainant -- did not support the prosecution's case and were declared hostile, the court said.
The identity of the accused was not proved by the evidence of two police officials and Constable Vipin remained the only prosecution witness to establish that they were parꦦt of the mob.
Despite know꧟ing the names and particulars of the accused, the constable formally recorded the information with a delay on March 20, 🍎2020, the court noted.
"Keeping in view such deꩲlay in disclosure of vital information being recorded, I find it desirable to apply the test of consistent testimony of more than one witness in the presꩲent case," the judge said.
He said on the application of the "test", the constable's sole testimo𒁃ny was not sufficient to assume the presence of any of the accused in the mob.
"In such a situation, (the) accused persons are given the benefit of doubt," the𒀰 judge said.
A charge sheet𒈔 was filed by officials at Gokalpuri police station against Mohd Shahnawaz, Mohd Shoaib, Shahrukh, Rashid, Azad, Ashraf Ali, Parvej, Mohd Faisal and Rashid under various provisions, including rioting, of the Indian Penal Code.
-With PTI Input
