A Delhi court has recently ordered framing of charges against four accused arrested by the police. A case related to Delhi riots, At the same time, the court acquitted the two persons saying there was “no material evidence” against them and termed the police chargesheet as “highly objectionable” and “excusable”.
The case pertains to the Delhi riots in which according to the police, a case was registered against 6 accused on the complaint of Kirti Raj Tiwari, who runs the MCD parking near Ambedkar College. According to the FIR, in the afternoon of February 25, 2020, around 250 rioters came to the park, where the complainant was physically present, and started vandalizing and burning tractors. The mob fled after the complainant called the police control room and the police arrived.
The FIR further states that the mob returned to the spot around 4:30 in the evening and torched the tractor and 5,560 fruits. rehris in the parking lot. They also torched a horse-cart near the dispensary on the service road and vandalized a school bus.
Police said in the chargesheet that an informer told about the presence of Shahrukh, Ashwini, Ashu and Zubair on the spot. This was also corroborated by the complainant, an eyewitness and CCTV footage.
Hearing the matter, Additional Sessions Judge Amitabh Rawat, while ordering framing of charges against the four persons, observed that “based on the material on record, there are grounds to believe that the accused persons have committed the offence”.
The court said that the four accused have attracted several sections of the IPC including sections 147 (punishment for rioting), 148 (rioting, armed with deadly weapon), 427 (causing harm), 436 (mischief by fire or explosive). did. Substance with intent to destroy building) IPC read with section 149 (every member of unlawful assembly guilty of offence), section 188 (disobedience to order duly promulgated by public servant).
While acquitting two other accused named by the police in the same case, the court said that they were identified on the basis of CCTV footage. Also from the CCTV footage it seems that both these accused were seen near the spot and were moving towards the spot.
“The matter pertains to a case relating to February 25, while the FSL report is on record which states that the CCTV footage from which the accused were identified is dated February 24, a day before the incident. There is no murmur in the chargesheet that it is not related to the day of incident and has been presented as if the said CCTV footage pertains to the time and date of incident of the present case,” the court said.
It added that there is no material on record against the accused persons named Qasim and Khalid Ansari apart from their disclosure statements.
“In the present case dated 25.02.2020, relying on the CCTV footage relating to 24.02.2020, the manner in which it is presented in the chargesheet, is highly objectionable and is dismissed,” the court said.