A Sessions Court in Delhi has discharged two Muslim men Ashraf and Parvez in a case related to Northeast Delhi’s anti-Muslim pogrom that took place in February 2020.
The court discharged both of them as the evidence produced against them was not sufficient to prove the charges of rioting and arson.
Ashraf and Parvez were framed in a case related to rioting, causing injuries to the public, looting and setting ablaze of the houses/shops in the Shiv Vihar area of Northeast Delhi on 24 February 2020.
Additional Sessions Judge Virender Bhat while discharging them pointed out that the prosecution only produced one eyewitness in the case and it contradicts the law laid down by the Supreme Court in a judgment, as it is mandatory to produce at least two eyewitnesses to identify and prove the role and involvement of the accused in the said incident.
“It is elementary that the disclosure statements of the two accused are not admissible in the evidence in view of the bar created by Section 25 of the Evidence Act as no incriminating fact has been discovered in pursuance to these statements”, reads the Court’s order.
The police in its report has only quoted one Ajeet Tomar as an eyewitness who is also a complainant in the case and has failed to describe the role of the accused in the incident
“There is only one witness i.e. the complainant and he too has not described the role of the accused in the incident,” the court said.
The Court also said that when an unlawful assembly or arson takes place during the clash between two groups, at least two eyewitnesses from the prosecution are required to substantiate the role or charges against the person in question.
“It would be a sheer wastage of judicial time if the charges are to be framed against the accused upon consideration of the evidence on record on the basis of which he has to be acquitted later on,” the court observed.
Related
Ghazala Ahmad is the Delhi Correspondent for The Cognate.
