On November 18, a Delhi court acquitted four men of rioting and torching a shop during the 2020 communal riots in north-east Delhi. Giving the accused the benefit of the doubt, Additional Sessions Judge Pulastya Pramachala acquitted Mohd. Shahnawaz, Mohd. Shoaib, Shahrukh, and Rashid of all charges under Indian Penal Code, 1860 Sections 143, 147, 148, 149, 454, 435, and 436.
The judge stated that the sole testimony of a constable (prosecution witness) who stated that he saw the accused persons in the mob cannot be sufficient to assume their presence in the mob, which allegedly set ablaze a shop and vehicle of one Ravi Shankar, a resident of Karawal Nagar.
It went on to say that the sole testimony of police officers cannot be used to assume the presence of the accused, and thus they deserve the benefit of the doubt in such a situation.
“…I find that charges levelled against the accused persons in this case are not proved beyond doubts. Hence, accused Mohd. Shahnawaz @ Shanu, Mohd. Shoaib @ Chhutwa, Shahrukh and Rashid @ Raja, are acquitted of all the charges levelled against them in this case,” the Court ordered.
A constable and a head constable testified in the case that a mob gathered near Chaman Park on Johripur Shiv Vihar Road and committed vandalism and arson. According to the court, the most important question is whether the accused were members of the mob.
Concerning the head constable's testimony, the court stated that, despite vouching for being on duty with the constable, he was unable to identify all of the accused before the court. The judge noted that the same witness was examined in another case and stated that due to the long lapse of time, he could not identify any of the "rioters."
The defence, therefore, said that the police fabricated the whole story and the case was not proved beyond reasonable doubt.
Case Details
State vs. Mohd. Shahnawaz @ Shanu & Ors.
SC No. 42/2021
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