First Sentence In Delhi Riots Case: Man To Undergo 5 Yrs Imprisonment For Vandalism, Putting House On Fire

A Delhi Court on Thursday sentenced a man to 5 years in jail in a case concerning the North East Delhi riots case that rocked the national capital last year. (FIR No.141/2020 registered at Gokalpuri Police Station)

Dinesh Yadav, first person to be convicted in a riots case, was convicted for being an active member of the riotous mob who took active participation in vandalizing and putting on fire the house of one Manori, complainant in the matter.

He was convicted under Sections 143, 147, 148, 457, 392, 436 read with sec. 149 of the Indian Penal Code.

A detailed order, which has been passed by Additional Sessions Judge Virender Bhat, is awaited.

The FIR was registered pursuant to receipt of a written complaint by Manori wherein she had stated that on February 25 last year, at about 11.30 PM a riotous mob consisting of about 150-200 persons had trespassed into her house.

Yadav was identified by the complainant vide her supplementary statement recorded in the matter. He was also identified by two witnesses namely Aashik and Aarif, nephew of complainant.

Additionally, his identification was also confirmed by police witnesses including a Constable and Head Constable vide their statements recorded who were posted as Beat Officers in the area at the relevant time.

Additional Sessions Judge Vinod Yadav had framed charges against Dinesh Yadav vide order dated August 3, 2021. The Judge was of the view that prima facie there was enough material on record to frame charges against him under requisite sections.

"The fact that the accused also belongs to Hindu community and was present in the mob armed with an wooden rod which mob resorted to violence against the Muslims, indicates that he shared the common object of the unlawful assembly. The mere fact that he was not seen entering complainant's house or vandalizing or looting or putting it on fire, does not mean that he was mere a bystander," the Court had said in the sentencing order.

The Court also added that there was nothing on record to show that Dinesh had disassociated himself from the unlawful assembly and he did not share the common object of the assembly. 

"It does not appear that his presence at the incident spot was only because he is a resident of that very area, as sought to be argued by his Ld. Counsel. The circumstances in which the members of Muslim community were identified & beaten, their vehicles damaged and their houses broken open, robbed and set ablaze by the rioters comprising the members of the other community coupled with the object of the unlawful assembly i.e. to assault the Muslims & damage their properties and the fact that the accused was seen amongst the rioters armed with a wooden rod, are sufficient to indicate beyond any doubt that he too shared the common object of the assembly and had knowledge that these types of incidents would be indulged into by the members of the assembly," the judge had added.

Case Title: State V/s Dinesh Yadav @ Michael