'Not Naming Accused In FIR That Too During Riots Does Not Discredit Prosecution's Case': Delhi Court Frames Charges Against 4

A Delhi Court has framed charges against four men in a case concerning the North East Delhi riots after observing that merely because there name does not appear in the FIR will not discredit the case of the prosecution at all.

"FIR is not an encyclopedia but the beginning point of investigation and not naming accused in FIR, that too during the period of riots, does not discredit the case of the prosecution at all," Additional Sessions Judge Amitabh Rawat said.

It thus framed charges against Suraj, Yogender Singh, Ajay and Gorav Panchal under Sections 147 (rioting), 148 (rioting, armed with deadly weapon), 427 (Mischief), 436 (Mischief by fire or explosive substance), 188 (Disobedience to order duly promulgated by public servant) and 149 (Unlawful assembly) of IPC.

The charges were framed in FIR 66/2020 registered in Jyoti Nagar police station on the complaint of one Gulfam whose shop was burnt by some unidentified people.

It was argued on behalf of the accused persons that the case was fit for discharge as they were not named in the FIR and that they were arrested in another FIR No.55/2020. It was also submitted that the statement of witnesses were recorded very late after the happening of the incident and thus, cannot be believed.

"After, hearing Ld. Counsels for the parties and perusing the charge-sheet and supplementary charge-sheet alongwith accompanying record, I am of the view that prosecution has met its case for the purpose of charge," the Court said.

The Court was of the view that there was a video footage showing accused persons namely Suraj and Yogender near the place of incident and that the same was found to be correct and unaltered in the FSL report.

"Witnesses Sat Narayan and Shivam Sharma have also described the incident involving more than 100-200 rioters armed with rods and danda i.e. deadly weapon. Hence, there is common object which can be ascribed to the accused persons in committing the said offence of rioting & mischief," the Court added.

The Court also noted that the contention of the accused that witnesses cannot be believed or their statements as the same was recorded late and can't be relied upon, cannot be a basis for discharge as it was a matter of trial.

"Moreover, the submissions that the police witnesses are not independent witnesses but interested for a ground of disregarding their statement, is without a legal basis," it observed. 

Accordingly, charges were framed by the Court.

Case Title: State v. Suraj & Ors.

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