"Conviction Is Reasonably Possible If Material On Record Remains Unrebutted": Court Frames Charges Against Six In Delhi Riots Case

A Delhi Court has framed charges against six men in a case relating to the North East Delhi riots of 2020 observing that it was prima facie evident that if the material on record remained unrebutted, the conviction of the accused persons was reasonably possible.

Additional Sessions Judge Virender Bhat framed charges against Sumit, Naresh Uday Singh, Darshan, Vinod Kumar and Devraj under sec. 147, 148, 395, 436 and 149 of IPC whereas further charge under sec. 412 of IPC has been framed against accused Sumit.

The FIR was registered on the complaint made by one Atikul Rehman alleging that his factory was looted and set ablaze by rioters.

Thereafter, another complaint from one Yakoob was received in which it was stated that the lock of his tyre shop was broken open, the goods lying therein taken away and most of the goods were burnt outside the shop. He had specifically stated in the complaint that his landlord alongwith his two sons committed vandalization and arson in his shop.

Since the shop of complainant Yakoob was found to be in the vicinity of the factory of the Atikul Rehman, the complaint of Yakoob was clubbed with the FIR.

It was stated that the complainant Yakoob handed over a CD to the IO in which accused Sumit was seen indulging in the riotous incident.

In the said video footage, the complainant Yakoob as well as two police officials had identified all the six accused. It was the statement of police officials that they had seen all the six accused in the riotous mob which had committed vandalization and arson in the tyre shop of complainant Yakoob and factory of Atikul Rehman.

"Since this is a case arising out of unprecedented large scale communal riots that had taken place in North East District, Delhi from 24.02.2020 to 26.02.2020 involving very large number of rioters and also keeping in mind the situation arising out of Covid­19 Pandemic as well as the subsequent nation worldwide Lockdown imposed by the Government of India, the statements of witnesses Ct.Sandeep and Ct.Satender can not be disbelieved at this stage merely on account of delay. Their veracity can be more properly ascertained after subjecting them to cross examination during the trial of the case," the Court said.

It added "It would be travesty of justice to disbelieve either the viral video or the statements of these two witnesses at this stage where charges are to be decided against the accused."

"In the instant case, it is prima­ facie evident that if the material on record remains unrebutted, the conviction of the accused is reasonably possible."

The Court further observed that there did not appear to be any illegality or irregularity in filing of single combined chargesheet with regards to the two riotous incidents for the reason that both the incident spots were in close proximity to each other.

"In the light of above discussion, it is held that no case for discharge of any of the accused has been made out. Charges for the offences u/s 147/148/395/436 IPC r/w section 149 IPC are liable to be framed against all the accused. Further charges for the offence u/s 412 IPC are also liable to be framed against accused Sumit," the Court ordered.

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