'Benefit of doubt', Delhi court acquits 9 in 2020 riots case

New Delhi, December 7

A court here on Saturday acquitted nine persons accused of rioting and arson during the 2020 northeast Delhi riots, giving them the “benefit of doubt”. All nine were accused of being part of an unlawful assembly that committed robbery and arson in a shop on February 25, 2020.

The court observed the sole testimony of the prosecution witness, a0 head constable, could not be sufficient to assume the accused were part of the mob. “I find that charges levelled against the accused persons in this case are not proved beyond doubt. Hence, the accused… are acquitted of all charges levelled against them,” Additional Sessions Judge Pulastya Pramachala said.

The Gokalpuri police station had registered a case against Mohd Shahnawaz, Mohd Shoaib, Shahrukh, Rashid, Azad, Ashraf Ali, Parvej, Mohd Faisal and Rashid under various IPC Sections, including rioting.

The court said the formation of an unlawful assembly along with rioting and arson committed by the mob was “well established.” It, however, noted that Head Constable Vipin was the sole witness to prove the identity of the accused persons.

“Despite knowing the details of the accused, knowledge about their involvement was not formally recorded till April 7, 2020. No explanation was provided for the delay in passing on such crucial information to senior officers,” the court said.

“Keeping in view such delay in disclosure of vital information, I hold that the sole testimony of prosecution witness 9 (Head Constable Vipin) can’t be sufficient to assume the presence of accused persons in the mob… In such a situation, accused persons are given the benefit of doubt,” the judge added.