First Conviction In Delhi Riots Case, Court Convicts Man For Being Part Of Unlawful Assembly, Vandalising, Putting House On Fire

In a first, a Delhi Court on Monday convicted one Dinesh Yadav 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 was accused of 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.

Additional Sessions Judge Virender Bhat convicted Yadav under sec. 143, 147, 148, 457, 392, 436 read with sec. 149 of the Indian Penal Code.

"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 said.

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 added.

The matter will now be heard on the arguments on sentencing on December 22.

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.

"Though, the accused is not seen/visible in any CCTV footage/video-clip, however, at this stage we have the ocular evidence of complainant Smt.Manori and her two nephews/naatis namely Aashiq and Aarif in the form of their statements recorded under Sections 161 Cr.P.C, wherein they have given categorical account of the incident in question and role played by accused therein. The presence of complainant and the said two PWs is quite natural at the spot/SOC. Their aforesaid statement(s) cannot be brushed aside/discarded at this stage, merely because there has been some delay in recording of their statements or the complainant did not name him in her initial complaint," the Court had said while framing the charges. 

Apart from the present FIR, Yadav is also involved in other FIRs 64/2020 and 78/2020 both pertaining to police station Gokalpuri.

Title: State V/s Dinesh Yadav @ Michael

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