Delhi Riots: Court Shows Leniency To Man Convicted For Harbouring Shahrukh Pathan, Sentences Him For Period Already Undergone In Jail

Showing leniency towards the man who was convicted for harbouring Shahrukh Pathan during the Delhi riots, a local Court has sentenced him to a period already undergone by him in jail and also to a fine of Rs. 2,000.

Pathan had pointed a gun at a policeman during the North East Delhi riots.

Additional Sessions Judge Amitabh Rawat had convicted one Kaleem Ahmed under Section 216 of IPC (punishable with maximum imprisonment of three years), after he had voluntarily pleaded guilty to the charge framed against him.

"Considering family status of convict, his whole individual position, the factum of his voluntary plea of guilt and the fact that his apparent act of contrition deserves to be taken at face value to give another chance to him to reform himself and considering his role and the offence, the convict is sentenced to the period already undergone by him and also to a fine of Rs. 2,000/­, in default of payment of fine, simple imprisonment of one month," the Court said.

The Court was of the view that Khan had shown remorse, prayed for leniency and pleaded having been misled by Shahrukh Pathan.

"He has suffered imprisonment in the present matter from 17.03.2020 till 07.09.2021 while maximum sentence that can be awarded is three years," the Court noted.

The Court said that the investigation and evidence collected by the Delhi Police qua the convict was praise worthy.

"That might have led to a voluntary plea of guilt by convict. Still the Court is conscious of the fact that convict has voluntarily pleaded guilty at the time of framing of charges," the Court added.

The development came in a related proceeding concerning FIR 51/2020 registered at Jafrabad police station. The Judge had, on the same day, framed charges against Shahrukh Pathan and three others observing that it was not an ordinary case of individuals or groups committing an unlawful act.

The FIR related to an incident wherein Pathan was captured pointing a gun on a policeman, pictures of which had gone viral on the Social Media and internet.

Pathan was booked under Sections 147 (rioting), 148 (Rioting, armed with deadly weapon), 149 (unlawful assembly), 153­A (Promoting enmity between different groups on grounds of religion etc), 186 (Obstructing public servant in discharge of public functions), 188 (Disobedience to an order lawfully promulgated by a public servant) 307 (Attempt to murder), 353 (Assault or criminal force to deter public servant from discharge of his duty), 505 (Statements conducing to public mischief), 120­B (Criminal conspiracy) and 34 (common intention) of IPC along with Section 27 (Punishment for using arms, etc) of Arms Act.

It was the case of the prosecution that Shahrukh Pathan had absconded and his house was found locked after the riots. 

On the receipt of a secret information, a police team left for Shamli, Uttar Pradesh to trace him and came to know that he would be coming at Shamli Bus Stand for changing his hideout. A trap was laid and he was intercepted and arrested subsequently.

Pathan had then made disclosure about his involvement in the case and disclosed that while he was crossing Sonepat, Haryana his car developed snag after which he called his acquaintance Kaleem Ahmed who had then reached the spot and took him along with his car by towing away the same.

The Court, while convicting him, was of the view that as per the CDR analysis of Kaleem Ahmed, his location was at Shamli, U.P., after which he moved towards Panipat, Haryana.

The Court had said that the same clearly showed that Shahrukh Pathan was waiting for Kaleem at Panipat and Kaleem Ahmad had reached there for his help.

Case Title: State v. Kaleem Ahmed

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