"People Were Traumatized Due To Communal Tension, Took Them Days To Muster Courage": Delhi Court On Delay In Recording Statements In Riots Case

Dealing with a case concerning murder of 21 year old Aaftaf during the North East Delhi riots, a Delhi Court observed that it was difficult for the investigating agency to trace public witnesses promptly for recording of statements as people were shocked and traumatized to the extent that it took them days to muster the courage in reporting the case to the Delhi police.

Additional Sessions Judge Vinod Yadav made the observation while framing charges against five accused namely Kuldeep, Lakhpat Rajora, Yogesh, Dilip Kumar and Dinesh Kumar.

"Though, there is some delay in recording the statements of public witnesses in the matter, but at this stage, this Court cannot loose sight of the fact that on account of prevailing communal tension in the area, it was very difficult for the investigating agency to trace the eye/public witnesses promptly, because the people were so shocked and traumatized that it took several days for them to muster courage to come out and report the matter to the police," the Court observed.

The Court framed charges under sec. 147, 148, 149/, 153-A, 302, 436, 505, 120-B and 34 of IPC after observing that prima facie there was enough material on record to frame charges against the accused persons under requisite sections.

FIR 97/2020 Karawal Nagar was registered by the police on March 1 last year on receipt of a DD entry made by SI Yeshvir Singh, regarding lying of an unknown dead body in Shiv Vihar 'nallah'. The body was found having deep injury mark on his face and in a highly decomposed state. It was later identified to be of one Aaftaf.

The case against all the accused persons was that they were found to be "active members of the riotous mob" on the date and time of incident that took active participation in rioting, vandalizing and arson in the area.

According to the accused persons, it was argued that there was an unexplained delay of about six days in registration of FIR in the matter and that they were neither specifically named in the FIR nor recovery of any sort was effected from them.

Questions were also raised over the statements recorded of public witnesses by arguing that the same was highly belated as their sec. 161 CrPC statement was recorded in October, 2020, months after the alleged incident.

Considering the facts of the case and statements available on record, the Court opined that the public witnesses not only gave 'blow-by-blow account of the incident' but they also categorically named and identified the accused persons to be members of the riotous mob on the date and time of incident. 

"At this stage, their aforesaid statements cannot be brushed aside/discarded merely because there has been some delay in recording thereof or they did not specifically name/identify the accused persons in their initial statements," the Court said.

It added:

"The learned Special PP has been able to accord cogent explanation with regard to delay in registration of FIR and recording the statements of witnesses in the matter."

Accordingly, charges were framed against the five.

Title: State V/s Lakhpat Rajora & Ors.

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