New Delhi [India], April 18 : Delhi's Karkardooma court has convicted a father-son duo in connection with the 2020 North East Delhi riots case.
Additional Sessions Judge (ASJ) Pulastya Pramachala of Karkardooma Court convicted Mithhan Singh and his son after considering the evidence and statement of witnesses in the matter.
The court said that an unlawful assembly was formed with a common objective of attack upon the properties of persons belonging to the Muslim community. The father-son duo has been named with offences relating to rioting, destroying property by fire and being a member of unlawful assembly.
"It is proved beyond doubt against both the accused namely Mithhan Singh and Jony Kumar that they were part of the mob which burnt the property in Delhi's Khajuri Khas during ongoing riots on February 25, 2020, " the court observed.
Thus, they are held guilty of an offence punishable under Sections 147/148/436 read with Section 149 of the Indian Penal Code (IPC) and convicted accordingly, the court said in the judgement passed on April 17.
The court said, "On the basis of evidence of prosecution witness Mohammed Tahir and Constable Rohtash, there remains no doubt that both accused persons were part of the mob at least when this mob was involved in the incident at Gali no. 4, Khajuri Khas."
The court noted that the defence has not disputed that a mob indulged in riot, vandalism and arson in Gali no. 4 on February 25, 2020. Therefore, on the basis of evidence, it can be safely said that an unlawful assembly was formed, with the common object of attack upon the properties of persons belonging to the Muslim community. Accordingly, this mob indulged in vandalism and arson in Gali no. 4, Khajuri Khas, the court said.
The present case was registered on March 3, 2020, on a written complaint by Shabana Khatoon.
In her complaint, Shabana Khatoon alleged that in the riot on February 25, 2020, her rented house in Gali No.4, Khajuri Khas, near Fatima Masjid, was looted and set on fire.
She further alleged that an amount of Rs 90,000 in cash, gold jewellery (2 tolas), and silver jewellery (500gm), were looted and all kinds of documents (identity proof, Diploma-Degree of children, Aadhaar Card, PAN Card, School Certificate as well as Registry document) were burnt.
"Entire articles worth Rs 3 lakhs, kept in her aforesaid house, were looted and completely burnt", Khatoon alleged.
During the investigation, SI Vipin received complaints from Mohammed Tahir on March 14, 2020, from Anjari Khatoon, Raju Sharma, and Julfikar Alam on March 15, 2020, and from Irfan and Tabassum Begum on March 21, 2020, regarding vandalism and arson in their houses in the aforesaid riot. All these complaints were clubbed with the present FIR.
The accused persons were charge-sheeted by the police for having committed offences punishable under Sections 109/114/147/148/149/188/392/436 of the Indian Penal Code (IPC).
On November 20, 2021, charges were framed against accused Mithhan Singh for offences punishable under Sections 109/114/147/148/ 149/392/435/436 of the IPC and against accused Jony Kumar for offences punishable under Sections 147/148/149/392/435/436 of the IPC, to which they pleaded not guilty and claimed trial.
It was argued by the counsel for both accused that neither Ct. Rohtash had made any call, nor did he give a statement before March 9, 2020. Being a beat officer, he did not make enquiries about rioters' names, the council said in the argument.
It was further argued that Constable Rohtash mentioned Ct. Pradeep and Ct. Kalik accomped him, but these two witnesses were cited as witnesses of arrest only in this case. In other cases, these two officials were cited as eyewitnesses of the incidents.
The special public prosecutor (SPP) Naresh Kumar Gaur argued that Constable Rohtash explained in his cross-examination that both accused persons had not covered their faces, hence, he could see their faces and identify them. But, he did not know the accused persons. Prosecution witness Mohd. Tahir also supported the case of the prosecution.
It was further argued that an order under Section 144 Cr.P.C. was in operation, but still the accused persons were moving around in the Gali, meeting rioters and raising slogans, which shows that they were members of the mob.
"There was no occasion for Constable Rohtash to make a call at 100 or to make a recording of the incidents", argued the counsel.
This matter pertains to the incident of rioting in Police Station Khajuri Khas area in February 2020.
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