Delhi Riots: Court Acquits Father-Son Duo Accused Of Setting Ablaze Fatima Masjid, Nearby Houses

A Delhi Court has recently acquitted a father-son duo accused of setting ablaze a mosque and nearby houses during the 2020 North-East Delhi riots.

Additional Sessions Judge Pulastya Pramachala of Karkardooma Courts acquitted Mitthan Singh and Jony Kumar by giving them benefit of doubt in the case.

The FIR was registered on the complaint made by one Mohd. Munazir alleged that he saw a mob in his gali while returning home from offering namaaz in Fatima Masjid.

He alleged that first the rioters broke the glass of the Fatima Masjid and set it ablaze and then set on fire the nearby houses. He also alleged that stones were being pelted on his house, that there were sounds of bullets firing and gas cylinders were being thrown.

Furthermore, he alleged that his house was completely burnt and that gold ornaments and Rs.1,50,000 cash were looted from his house.

Charges were framed against the two accused persons on December 20, 2021, under Section 147 (rioting), 148 (rioting while armed with a deadly weapon), 392 (robbery), 436 (mischief by fire or explosive substances with the intent to destroy a house or other building) and 149 (unlawful assembly) of the Indian Penal Code, 1860. Both of them had pleaded not guilty and claimed trial.

While acquitting the duo, the court observed that all the victims or public witnesses had turned hostile to the prosecution's case on the point of identification of both the accused persons. They all denied having seen both the accused among the rioters, the court said.

The judge added that the statement of two police officials, who were prosecution witnesses to establish the presence of the accused, for having identified both accused during incidents probed in the case at a subsequent time i.e. on March 09, 2020, appeared as an “abnormal development.”

“One cannot rule out that their such statements were given or prepared with a pre-determined mind set against both accused, who were already in police custody since 05.03.2020. Therefore, in view of aforesaid circumstances, only on the basis of evidence of PW4 and PW5, I do not find it safe to presume presence of both accused persons among the rioters on 25.02.2020, during the incidents as probed in this case,” the court said.

It added: “In view of my foregoing discussions, observations and findings, I find both the accused persons entitled for benefit of doubt in this case. Hence, both of them are hereby acquitted of all the charges levelled against them in this case.”