New Delhi: A Delhi Court on Tuesday convicted one person of rioting and other charges in the 2020 Delhi Riots cases. This is the first conviction in the 2020 Delhi Riots cases.
The court observed that merely the fact he was not seen resorting to vandalism and looting did not mean he was a bystander. Additional Sessions Judge Virender Bhat also underlined that there was nothing on record to show that the accused person was not associated with unlawful assembly or to show that he did not share a common object.
Dinesh Yadav was convicted for offences under Sections 143 (unlawful assembly), 147 (rioting), 148 (rioting armed with a deadly weapon), 457 (house trespass), 392 (robbery), 436 (mischief by fire or explosive substance with intent to destroy a house, etc.) read with Section 149 (every member of unlawful assembly guilty of the offence committed in prosecution of common object) of the Indian Penal Code.
The prosecution alleged that a mob of around 200 rioters gathered in front of the house of the complainant. The mob then broke into the house and robbed the house before setting some of the material in the house of fire. The complainant and her children had to jump to the terrace of the adjacent house in order to save their lives.
Yadav denied all the charges, saying he was being framed. He also chose not to lead any evidence in his defence. His counsel contended that no active role had been attributed to his client by the witnesses, indicating that he was only a bystander and did not share an object of the alleged unlawful assembly.
"The fact that the accused also belongs to the Hindu community and was present in the mob armed with a wooden rod which mob resorted to violence against the Muslims, indicates that he shared the common object of the unlawful assembly.
“The mere fact that he was not seen entering complainant's house or vandalising or looting or putting it on fire, does not mean that he was a mere bystander. There is nothing on record to show that the accused had disassociated himself from the unlawful assembly and he did not share the common object of the assembly.” The Court said.
Yadav was stated to have been seen among the rioters - a fact sufficient to indicate “beyond any doubt that he too shared the common object of the assembly” having knowledge of the mob’s intention.
Arguments on the quantum of the sentence will be heard on December 12.
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Mumbai, Jul 25 (PTI): Police have opposed the bail plea of the Bangladeshi national arrested for allegedly stabbing Bollywood actor Saif Ali Khan with a knife and injuring him at his home here in January this year, telling a Mumbai court there was "strong evidence" against the accused.
Citing a Forensic Science Laboratory report, police reiterated before the sessions court their earlier claim knife fragments that got lodged near the actor's spine during the attack as well as a part found at the crime spot have matched with the weapon recovered from the accused, Shariful Islam.
These three pieces were part of the same weapon (knife) used to attack the filmstar, the police said in a written response to the accused's plea submitted in the court on Thursday (July 24).
Khan was repeatedly stabbed with a knife by an intruder inside his 12th floor apartment in upscale Bandra on January 16 during a robbery attempt.
The 54-year-old actor underwent surgery at Lilavati Hospital to remove a piece of knife that got lodged near his spine during the attack. He was discharged from the private hospital after five days.
Shariful Islam, a Bangladeshi national, was arrested two days later for allegedly stabbing Khan.
The police, in their response, highlighted that the accused is a Bangladeshi citizen residing illegally in India.
If granted bail, there was a possibility that he may flee India and not appear before the court during the trial. The crime committed by the accused is of a "very serious nature, and strong evidence" is available against him, they argued.
In his bail plea, filed through advocate Vipul Dushing, the accused asserted he was innocent and had no prior criminal record.
Investigation into the case has practically concluded with only the filing of a chargesheet pending, the accused contended while seeking bail.
The alleged attacker has been booked under Bharatiya Nyaya Sanhita (BNS) sections related to house trespass, robbery and dacoity with attempt to cause death or grievous injury.