Delhi court acquits man of rioting charges, says prosecution falsely cited complainant as witness
New Delhi, Jun 10: A court here acquitted a man of the charges of rioting as it criticised the prosecution for "falsely" citing the complainant as a witness who could identify the accused.
The court, which was hearing a case pertaining to the 2020 northeast Delhi riots, also observed that the eyewitness testimony of a head constable was "procured and prepared falsely and belatedly to solve this case".
Chief Metropolitan Magistrate Shirish Aggarwal was hearing the case against Noor Mohammad, who was accused of being part of a riotous mob that looted and vandalised the complainant's shop in Khajuri Khas on February 24, 2020, during riots.
The court in a recent judgment said if the complainant had seen the offenders and could have identified them, he would have mentioned this in his complaint.
"The fact that the state falsely cited the complainant as a witness who can identify the accused as the offender indicates that the prosecution's case that the offence was committed by the accused Noor Mohammad is false," it said.
The court said it was unsafe to rely on the uncorroborated testimony of the single purported eyewitness, Head Constable Sangram Singh, as his testimony was in contradiction with the other evidence on record, besides "other deficiencies, drawbacks and infirmities" in his testimony.
"It is the tendency of police witnesses to speak in line with the police case. Delhi Police being a disciplined force, a head constable is under the influence of the station house officer (SHO) and the supervisory police officers and it appears that his statement was procured and prepared falsely and belatedly to solve this case," the court said.
Regarding Singh's claim of being an eyewitness, the court said it was hard to believe that a police officer who had witnessed an offence being committed in his area of posting did not make any complaint.
Singh claimed that he tried to stop the mob, but could not control it.
"It is hard to fathom that a police officer who is courageous enough to make efforts for stopping the mob just stood there as a mute spectator when the rioting and plundering was taking place," the court said.
Noting that Singh was not prompt in reporting the matter, nor did he make a video of the incident, the court said, "It is hard to believe that such a person would risk his life to stall the attempts of a mob of rioters. As such, it appears that the testimony of HC Sangram Singh is false."
The court also noted the absence of test identification proceedings (TIP) for the accused's identification by the complainant and said, "It can be inferred that TIP was not carried out since the police was already aware that its case is fabricated and the accused has been shown as the offender only for solving of this case."
It further said the burden of proof on the prosecution is to prove the case by leading convincing evidence, to prove the guilt of accused persons beyond reasonable doubt and an accused person cannot be convicted on the basis of mere probabilities or presumptions.
Suspicion, howsoever grave may be, cannot take the place of proof and every benefit of the doubt goes in favour of the accused persons, the court said.
"Since the prosecution has failed to prove its case beyond a reasonable doubt, the accused stands acquitted of the offences...," the court said.
The Khajuri Khas police station had registered an FIR against the accused under various IPC provisions, including rioting, unlawful assembly, causing hurt while committing robbery and punishment for committing mischief and thereby causing loss or damage to the amount of Rs fifty or upwards.
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Road crash in UP leaves 10 dead
Lakhimpur Kheri (UP) (PTI): Ten people were killed when a van collided head-on with a truck on the Sisaiya-Lakhimpur national highway on Monday, police said.
The van was going to Sisaiya from Lakhimpur when the accident took place between Unchgaon and Bharehta villages.
Circle Officer of Dhaurahra, Shamsher Bahadur Singh, said all nine passengers travelling in the van and the driver were killed.
District Magistrate of Lakhimpur Kheri Anjani Kumar Singh told reporters that the van collided with a truck coming from the opposite direction, leading to nine casualties on the spot, while one succumbed to injuries at the district hospital.
Circle Officer, Dhaurahra, Shamsher Bahadur Singh told PTI, "Efforts are on to establish the identity of other deceased persons."
The seven of the deceased have been identified as Jaideep Singh (25), Pawan (23), Sohan (21), Ram Goyal (42), Sahajram (35), Pappu (18), all residents of Bahraich district and Adnan Khan (15), a resident of Lakhimpur Kheri district, police said.
Condoling the loss of lives in the accident, Uttar Pradesh Chief Minister Yogi Adityanath in a post on X, said, "The loss of life in the unfortunate road accident in Lakhimpur Kheri district is deeply distressing and heart-wrenching. My condolences are with the bereaved families."
"I have directed the local administration to provide prompt and adequate assistance to the injured and the victims. I pray to Lord Shri Ram to grant the departed souls a place at His divine feet and to bestow a speedy recovery upon the injured," Adityanath said on X.
Deputy Chief Minister Keshav Prasad Maurya and Brajesh Pathak too condoled the loss of lives in the accident.
"The loss of lives resulting from the road accident in Lakhimpur Kheri district is deeply tragic and heart-wrenching. My deepest condolences go out to the bereaved families," Maurya said.
