In the order passed on Monday, the Bench of Delhi Court has convicted nine accused in a case related to the 2020 North East Delhi riots of various offences, including arson and theft. The court held guilty Mohd. Shahnawaz, Mohd. Shoaib, Shahrukh, Rashid, Azad, Ashraf Ali, Parvez, Mohd. Faisal and Rashid, who were accused of being part of a riotous mob that robbed, damaged and set ablaze the house of the complainant, Rekha Sharma, on the intervening night of February 24 and 25, 2020 in Chaman Park on Shiv Vihar Tiraha Road.

The accused were also convicted of offences under sections 149 and 188 of the IPC. 

The Bench of Additional Sessions Judge Pulastya Pramachala said -“I find that charges levelled against all the accused persons… in this case are proved beyond doubts,”

“Hence, the accused are convicted for offences punishable under sections 147 (rioting), 148 (rioting, armed with a deadly weapon), 380 (theft in dwelling house), 427 (mischief causing damage of ₹ 50 or upwards) and 436 (mischief by fire or explosive substance with intent to destroy a house, etc.) of the Indian Penal Code…,” the judge said.

On the basis of the overall evidence, the judge said it was well established that an unlawful assembly was formed, which indulged in riots, vandalism and arson, besides damaging and burning the complainant's property.

Regarding the identification of the accused persons, the judge said there was no material contradiction or infirmity in the testimony of Head Constable Hari Babu, who had identified them as part of the riotous mob.

He observed that a witness could be tutored in respect of his statement to be given in the examination in chief, but no one could possibly know the questions to be put forth to such witnesss during the cross-examination by the opposite party.

“The cross-examination of a witness, hence, becomes an important tool to assess his credibility, while appreciating the coherence and consistency of his statement regarding the relevant facts deposed by him in his examination in chief,” the judge said.

The court also accepted the investigating officer's (IO's) reasons for the delay in the examination of both police officials, saying Delhi Police would have been “recovering” from the impact of the 2020 riots when they were also expected to enforce the norms because of Covid-19.

“It is true that in normal circumstances delayed examination of an eyewitness would give rise to a reason to be suspicious against the statement of such eyewitness. However, it depends upon case to case and the facts and circumstances of each case, to look into the credibility of given reasons behind suthe ch delay,” the court said.

The next date for hearing arguments on sentencing on March 29, Special Public Prosecutor DK Bhatia said.