New Delhi: Karkardooma Court has acquitted four accused of rioting, theft and burning shops in the Gokul Puri area in February 2020. The court acquitted the accused persons giving them the benefit of doubt. The court also found the testimonies of prosecution witnesses unreliable.
Additional Sessions Judge (ASJ) Pulastya Pramachala acquitted Dinesh Yadav alias Michael, Babu alias Sahil, Sandeep alias Mogli and Tinku giving them the benefit of doubt.
The judge said, "I find that charges levelled against the accused persons, in this case, are not proved beyond doubt. Hence, the accused are acquitted of all the charges levelled against them in this case." The court also found the testimonies of two police witnesses not reliable.
ASJ Pramachala said, "I find the testimony of Constable Vipin Kumar and Head Constable Sanoj to be not reliable to establish that all the accused persons, in this case, were members of the riotous mob, which was involved behind incidents peculiar to victims in this case." "It is true that by virtue of Section 149 IPC, a member of an unlawful assembly becomes liable for acts of that unlawful assembly. But for that purpose, it must be established with surety that the accused was part of such unlawful assembly which committed the particular act," the court said.
The judge said, "A member of an unlawful assembly can join it any moment and in the same manner, he can leave that assembly any moment. Therefore, presence in one such assembly at a different time, cannot be sufficient to presume that accused remained a member of that assembly all the time."
"Therefore, I find that accused persons herein are entitled to the benefit of doubt in the the present case," the judge added. The four accused persons have been charge-sheeted by the police for alleged offences punishable under sections 47/148/149/188/380/427/436 of the Indian Penal Code (IPC), on the basis of two complaints made by Shahid and Anees Malik regarding incidents of riot carried out by the riotous mob in their shops situated in Bhagirathi Vihar. (ANI)
