New Delhi [India], September 30 (ANI): Delhi’s Tis Hazari Court has recently acquitted 16 accused persons in a 13-year-old case linked with rioting, damage to public property, mischief by fire, and obstructing public servants from discharging official duty. The court, while acquitting the accused, pointed out that the Prosecution had failed to prove its case beyond a reasonable doubt.
This case pertains to an FIR lodged in the Jama Masjid in 2012.
Additional Sessions Judge (ASJ) Virender Kumar Kharta acquitted the accused persons, namely Imran alias Dagda, Bilal, Mohd Shamim, Naeemuddin, Tohid Ahmed, Abdul Zahid, Shahid, Ziauddin, Arshad, Abdul Wahid, Mohd. Imran alias Raizwan, Salman alias Rajan, Mohd. Arif, Nadeem, Mohd Iqrar and Mohd Irshad is giving them the benefit of doubt, pointing out inconsistencies and contradictions in testimony, absence of any independent eyewitness and non-collection of CCTV.
“In the present case, due to inconsistencies and contradictions in the testimonies of the Prosecution witness (complainant), head constable Raj Kumar, Constable Rajesh and Retd. ASI Taushif Khan, non-examination of any independent eyewitness, non-collection of any relevant CCTV footage and the defence taken by the accused persons, serious doubts have been created on the prosecution’s story and two views are possible in this case, and hence the benefit of the same must go to the accused persons,” the court said in judgement of September 24.
ASJ Kharta said, “This court is of the considered opinion that the prosecution has failed to prove the ingredients of offences punishable under Section 145, 147, 148, 149 IPC, Sec. 186 IPC read with Sec. 353 IPC, Sec. 427 IPC read with Sec. 3 & 4 of Prevention of Damage to Public Property Act, Sec. 379 IPC & 436 IPC against all the accused persons and ingredients of offence punishable under Sec. 174A IPC against the accused Mohd. Irshad, beyond a reasonable doubt.”
The court acquitted the accused persons and said, “Accordingly, in view of the aforesaid discussion, the accused persons, namely Imran alias Dagda, Bilal, Mohd. Shamim, Naeemuddin, Tohid Ahmed, Abdul Zahid, Shahid, Ziauddin, Arshad, Abdul Wahid, Mohd. Imran alias Raizwan, Salman alias Rajan, Mohd. Arif, Nadeem, Mohd. Iqrar and Mohd. Irshad is hereby acquitted.”
As per the Prosecution, in the intervening night of July 21, 2012, the accused persons involved in stone pelting, setting ablaze of the police post near Jagat Cinema, as an unlawful assembly. Additionally, in the Urdu Bazar area, the accused persons, as members of an unlawful assembly, committed theft, damaging several cars. (ANI)
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