Delhi Riots: Court Acquits Man After Prosecution 'Did Not Care' To Produce S.65B Certificate To Establish His Identity As Mob Participant

A Delhi Court today acquitted one Dinesh Yadav of all the charges in a case concerning 2020 riots observing that his identity as member of riotous mob was not established beyond all reasonable doubts.

The Complainant namely Idrish had alleged that on February 25, 2020, his house was put on fire by a riotous mob after committing robbery, thereby inflicting a financial loss of around Rs. 10 lakhs.

Additional Sessions Judge Pulastya Pramachala acquitted Dinesh under sec. 147, 148, 149, 436, 454, 392, 452, 188, 153A, 427 and 506 of the Indian Penal Code.

The Court observed that the photographs put on record by the prosecution were not supported with requisite certificate under sec. 65B Indian Evidence Act.

"It is well apparent that these photographs were print of digital evidence. It is also well settled law that such evidence cannot be admissible unless same is supported with above mentioned certificate. Prosecution did not care to comply with this mandatory legal requirement, though PW14 i.e. cameraman from crime team was suggested that there was no such certificate on the record. Still, prosecution ignored such omission. In these circumstances, these photographs cannot be admissible in evidence and hence, cannot be looked into," the Court added.

The Court also noted that the complainant in his complaint did not mention that he saw the rioters or that he had identified Dinesh among the mob.

"This situation makes it probable that these witnesses would not have seen the rioters and the accused. Therefore, I do not have any doubt in respect of veracity of their statement," the Judge said.

While the Prosecution heavily relied upon evidence of two police officials who were posted Beat Constables of the area, the Court said that they had come up with "different factual answers" to the questions in their cross examination.

"PW9 deposed that there were 8 beat areas in Bhagirathi Vihar, though PW11 deposed that there was only one beat in that area. Such contradictory statement raises question over their claim if they actually used to have idea of that area," the Court said.

The Judge added "In these circumstances, I do not find it safe to raise presumption of guilt merely on the basis of ocular evidence of PW9 and PW11. Hence, it is concluded that identity of accused as a member of riotous mob has not been established beyond all reasonable doubts."

"In view of my foregoing discussions, observations and findings, I find that charges levelled against the accused in this case are not proved beyond doubts. Hence, accused Dinesh Yadav @ Michael is acquitted of all the charges levelled against him in this case."

Case Title: State v. Dinesh Yadav @ Michael