'IO Contradicted His Own Statement, Accused's Identification An Afterthought': Court Acquits Man In Delhi Riots Case

A Delhi Court has acquitted a man, Noor Mohammad alias Noora in a case connected to the 2020 riots, observing that his identification was "probably the outcome of an after thought development" of the probe agency.

Noting that the investigating officer ASI Jeevanand testified that beat constable Sangram told him about Noora's involvement for the first time on April 2, 2020, Additional Sessions Judge Pulastya Pramachala said investigation of the case had been handed over to Jeevanand on March 11 and he also knew that Sangram was beat constable of the concerned area.

"In his cross-examination at one point of time, IO deposed that in this case prior to 02.04.2020, no one had told him except Hanif (complainant) that he could identify accused involved in this case. At the same time, IO again said that he had made inquiries from PW10 (Sangram) before 02.04.2020 also and PW10 had told him that he could identify the person responsible for vandalism in the shop of Hanif. Still, IO did not record statement of PW10, nor did he mention this fact in the case diary," the Court observed.

The Judge added "Thus, I find that IO contradicted his own statement regarding getting information prior to 02.04.2020 of the relevant witness i.e. PW10 (constable) who could identify the culprits."

Expressing surprise on IO's failure in recording the information either in the case diary or in form of a statement under Section 161 of the Code of Criminal Procedure, the Judge observed "This shows that identification of accused on 02.04.2020, was probably outcome of an after thought development."

Noora was charged in FIR 153/2020 registered under section 143, 147, 148, 392, 436 and 149 of the Indian Penal Code, at Khajuri Khas Police Station.

The FIR was registered on the basis of a written complaint made by the complainant, Mohd. Hanif, on February 29, 2020 alleging that his tailoring shop was looted and set on fire by a riotous mob in the evening of February 24, 2020. He also alleged that a financial loss of around Rs.5 lakhs was suffered by him.

During investigation, Noora was identified as one of the members of the mob. He was chargesheeted on June 30 in 202. The prosecution examined a total of 8 witnesses in support of its case.

Noora's counsel argued that his identification was done for the first time on April 2, 2020 and that prior to the said date, there was no statement identifying him as an accused.

It was also contended that although the IO started investigation since March 11, 2020, it was only after Noora's arrest on April 2, 2020 that he was implicated in nine cases by manipulating statement of witnesses. He also argued that the IO did not record statement of the complainant before the date of Noora's arrest.

While acquitting Noora of all charges, the Court took note of the fact that the complainant did not name him as one of the rioters nor did say that he could any of the rioters. The Judge also noted that as per IO's testimony, it was a beat constable who had told him about Noora's involvement in the riot for the first time on April 2, 2020.

The Court was of the view that while the complainant allegedly told the IO that not only was his shop vandalized but he was also assaulted by the mob, the said facts were denied by complainant in his testimony before the court and turned hostile to the prosecution's case.

"The proceedings of 02.04.2020 regarding interrogation of accused in other case and coincidental visit of PW1 (complainant) as well as PW10 (constable) to that place in PS at the same time, resulting into identification of accused as one of the culprits in the incident in question, does appear unnatural," the Court said.

Thus, the Court said it will not be safe to rely upon the "coincidental identification" of the beat constable so as to presume Noora's involvement in the incident.

"Hence, I find that testimony of PW10 is not reliable and sufficient at all, to establish presence of accused in the mob, which indulged into riot and incident investigated in this case," the Court observed.

It held "In view of my foregoing discussions, observations and findings, I find that charges levelled against the accused in this case are not proved beyond reasonable doubts. Hence, accused Noor Mohammad @ Noora is acquitted of all the charges levelled against him in this case."

Title: State v. Noor Mohammad @ Noora