"Fine Tooth Comb Analysis Of Complaints Reveal No Allegations Of Arson": Delhi Court Discharges 8 Men Of Graver Offence In Three Riots Cases

A Delhi Court has discharged a total of 8 men in three different cases concerning North East Delhi riots after observing that a fine tooth comb analysis of various complaints reveal that there were no allegations of arson against them.

Additional Sessions Judge Vinod Yadav discharged accused namely Neeraj and Manish in two different FIRs and others including Amit Goswami, Shyam Patel, Sonu, Sunil Sharma, Rakesh and Mukesh in another FIR. 

All accused persons have been discharged under sec. 436 of IPC mischief by fire or explosive substance with intent to destroy house etc). However, the Court directed the Chief Metropolitan Magistrate to try other offences in the FIR as the same were triable by the Magistrate.

In FIR 169/2020, the Court discharged Neeraj and Manish after going through four complaints which   talked about incidents of vandalizing, roberry and rioting.

"A fine ­tooth­ comb analysis of the said complaints revealsthat there are no allegations of arson in any of them and as such, ingredients of Section 436 IPC are not at all made out therefrom. Even from thephotographs filed on record, no incident of committing mischief by fire orexplosive substance is borne out," the Court said.

While discharging the two in another FIR 170/2020, the Court considered 8 different complaints and made a similar observation.

In the third FIR 166/2020, the Court perused 7 complaints and observed that one of the complainants had nowhere stated that the rioters had caused or intended to cause mischief so as to destroy her parlour by seting fire or by explosive substance. 

"The building/parlour remained intact and only the articles lying therein were set on fire. Thus, I am of the opinion that ingredients of Section 436 IPC are not made out from the averments made by complainant Shahna Begum in her aforesaid complaint," the Court said.

Recently, the judge had observed that investigating agency cannot cover up the flaw in the case by recording supplementary statements, while discharging ten accused persons in a riots case.

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