Additional Sessions Judge Pulastya Pramachala said that at this stage, the “probative value” of the evidence should not be considered.
Published Date – 12:01 AM, Fri – 20 October 23
New Delhi: Delhi’s Karkardooma court has framed charges against nine people in connection with the 2020 Delhi riots case.
The charges include rioting, arson, and house trespass. Additional Sessions Judge Pulastya Pramachala said that at this stage, the “probative value” of the evidence should not be considered.
The accused identified as Shah Alam, Rashid Saifi, Mohammed Shadab, Habib, Irfan, Suhail, Salim, Irshad, and Azhar, stand accused of participating in a riotous mob involved in assault, vandalism, and arson in Dayalpur on February 24, 2020.
Notably, these incidents, as reported by seven complainants, took place in close proximity to each other and all the seven FIRs were clubbed together during the court proceedings.
The prosecution relied on CCTV footage to identify the individuals involved in these acts of violence and unrest. There were four witnesses.
“From the statement of above-mentioned eyewitnesses, it has come on the record that there was riotous mob which indulged into vandalism and arson in several properties in the given time period from around 11 a.m to 5 p.m,” the court said.
“All the accused persons were identified to be part of this mob. The latest site plan filed on the record shows that the incidents reported by the victims of this case, took place in close vicinity. The rioters were there on the road and surrounding places in that area during aforesaid time,” it added.
“Thus, it is apparent that all these incidents took place when this riotous mob was on rampage. Use of CCTV footage of 25 foot road, was to identify the rioters who were seen by the witnesses present at that place,” it stated.
The court further said that Section 149 IPC becomes applicable here, wherein it has been shown that all the incidents probed in this case took place in continuity by that riotous mob. “Therefore, even if all accused persons were not seen and identified by every witness during each incident, they become liable for all these incidents caused by the mob, of which they were identified to be member,” it said.
Rejecting the defence’s challenge to the case of prosecution, the court said that it is well settled law that at the stage of charge, the court is not supposed to look into probative value of the evidence.
“If the evidence on the record satisfies the ingredients of the alleged offences and raise serious suspicion against the accused persons, to connect them with the alleged incidents, then the court is supposed to conduct trial in the case, by framing the charges. In the present case also, at this stage this court cannot declare statement of any witness to be incredible or false. Being police official does not make a person a lesser credible witness,” the court said.
“Thus, on the basis of allegations made by complainants and the evidence available on the record, I find accused Shah Alam, Rashid Saifi, Mohd. Shadab, Habib, Irfan, Suhail, Salim, Irshad and Azhar, liable to be tried for offences punishable under section 148, 323, 326, 379, 341, 427, 435, 436, 450 of the Indian Penal Code read with section 149 of IPC as well as section 188 IPC,” the court said.
