Observing that the sole witness might have been tutored to identify the accused by using a photograph, a Delhi court on Wednesday acquitted a man, who was arrested over three years ago after being accused of rioting, arson, and unlawful assembly during the 2020 Northeast Delhi riots.
Additional Sessions Judge Pulastya Pramachala noted that the police relied on an old video, which did not pertain to the incidents of the current case, to allege that the accused was part of a riotous mob. ASJ Pramachala held that the argument of the prosecution that the video shows the involvement of the accused in the riot was “fallacious”. He further held that while a case of rioting and unlawful assembly by a mob was made out, the prosecution could not prove that the accused was a part of this mob.
The court also noted some discrepancies in the account of the witness. While the prosecution held that the accused was arrested in July 2020, the witness had said that he saw the accused at the police station in March 2020.
The case pertains to an FIR lodged in March 2020 at Karawal Nagar Police Station where two complainants, Afsar and Mohd. Ashfaq, alleged that their properties in adjacent streets in Karawal Nagar were vandalised, robbed, and set on fire by a mob. Complainant Afsar had alleged that his family was attacked by a mob of around 60 persons and that they had entered his house by breaking the doors open. He further alleged that items worth Rs 70,000 were looted from the house.
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The accused, Praveen Giri, was arrested based on CCTV footage from a camera situated within 50 metres of the scene of the crime.
Delhi Police had earlier said that 231 persons accused in the Delhi riots had been arrested on the basis of CCTV footage. Over 750 FIRs were filed related to the riots.
However, almost four years after the riots, judgments have been passed in just over 70 cases, 80% of which have ended in acquittals. Just over half the crime cases have been chargesheeted with the courts pulling up Delhi Police for “half-baked chargesheets”, “manipulated evidence”, and “artificial cases”.
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