Delhi Riots: Court Acquits Man Charged For Vandalizing Shop, Robbery; Says No Cogent & Reliance Evidence On Record To Hold Him Guilty

A Delhi Court on Wednesday acquitted one Noor Mohammad @ Noora of all the charges in relation to a Delhi riots case, observing that there was no cogent and reliable evidence on record to hold him guilty. (FIR 129/2020 registered at Khajuri Khas Police Station)

Additional Sessions Judge Virender Bhat acquitted Noora who was charged under sec. 143, 147, 148, 454, 392, 436 and 149 of the Indian Penal Code. Charges were framed against him on August 31, 2021.

It was the case of the prosecution that Noora was a member of an unlawful assembly, which on February 25, 2020 vandalized a shop, committed robbery of the articles lying and then set it ablaze. The prosecution had examined 7 witnesses to establish the charges against him.

The prosecution witness were the proprietor of the vandalized shop, a person who had made a call at telephone number 100 when he saw some rioters resorting to stone pelting, a Beat Officer posted in the area from Chand Bagh Area and investigating officers.

"From the deposition of PW­5 & PW­7, it is evident that the accused Noor Mohammad @ Noora was not arrested in this case on the identificatory statement of PW­3. He has been arrested in this case merely on the basis of his alleged disclosure statement recorded by PW­5 in case FIR no.221/20 on 31.03.2020 which has not been proved during the trial in this case," the Court said.

The Court said that till 31.03.2020, the beat officer­3 had not apprised any of his Senior Officers or fellow police officers about the fact that he had identified one of the rioters as Noor Mohammad @ Noora.

"PW­3 has deposed in his cross examination that he had told to the SHO as well as to the IO about four or five days after the riotous incident in question that he can identify some of the rioters. Had it been so, the IO would not have waited till 31.03.2020 for identification of accused Noor Mohammad @ Noora as an assailant in this case and to arrest him. Even if it be assumed for the time being that PW­3 had told the IO as well as the SHO that he can identify some of the rioters, who committed vandalization and arson in the shop of PW­1, then also it was mandatory for the IO to establish the identity of Noor Mohammad @ Noora as a rioter by subjecting him to judicial TIP involving PW­3. Intriguingly that has not been done," the Court added.

The Court was of the view that in the manner in which the beat officer was stated to have identified Noor Mohammad @ Noora as a rioter when he was being interrogated by the IO, appeared to be "absolutely doubtful and devoid of trustworthiness."

"Keeping in mind the nature of testimonies of the above witnesses, this court finds it difficult to accept the prosecution version with regards to the identification of the accused as a rioter," the Judge added.

The Court said that when an unlawful assembly or a large number of persons take part in arson or in a clash between two groups, in order to convict a person, at least two prosecution witnesses have to support and identify the role and involvement of the persons concerned.

"Hence, Court does not find any cogent and reliable evidence on record to hold the accused guilty of the charges framed against him," the Court held.

Accordingly, Noora was acquitted of all the charges.