Northeast Delhi riots: Court acquits man accused of rioting, setting house on fire

A Delhi Court, hearing the Northeast Delhi riots cases, on Wednesday acquitted a man accused of rioting and setting the house of the complainant on fire. The Court acquitted the accused giving benefit of the doubt in this case.

The complainant and his sons did not support the case of the prosecution. He said that he never said that he saw the accused in the rioters. This case was registered in Police Station Gokulpuri.

The accused was the first one who was convicted in riots related case in December 2021. He was awarded a five-year jail sentence in that case in January 2022.

Additional Sessions Judge Pulastya Pramachala acquitted Dinesh Yadav alias Michael of all charges levelled against him in this.

"I am finding that charges levelled against the accused in this case are not proved beyond doubts. Hence, accused Dinesh Yadav alias Michael is acquitted of all the charges levelled against him in this case.

The Court said that the foremost question is whether the accused was also involved in the aforesaid incident, as a member of unlawful assembly. The complainant and his family members did not support the case of the prosecution that they had seen the rioters and had also identified the accused.

It is worth mentioning that the complainant had not mentioned that he had actually seen the rioters or that he had identified the accused among the mob. The concluding part of his complaint mentioned his prayer to take legal action against unknown rioters, the court noted in the order.

"This situation makes it probable that these witnesses would not have seen the rioters and the accused. Therefore, I do not have any doubt in respect of veracity of their statement," the court observed.

The accused was seen and identified in the rioters by the two beat constables who were on duty in the area during riots. The Court found their testimony highly contradictory.

The Court further said, "Prosecution also heavily relied upon the evidence of two police officials namely. However, in their cross-examination, they came up with different factual answers to the same question. Constable Vipin Kumar deposed that there were 8 beat areas in Bhagirathi Vihar through Head Constable Sanoj deposed that there was only one beat in that area. Such contradictory statement raises question over their claim if they actually used to have an idea of that area."

The Court noted in the order, "It is not improbable that these two witnesses were used by prosecution merely with an objective to show that this case was solved. In these circumstances, I do not find it safe to raise the presumption of guilt merely basis of ocular evidence of Vipin Kumar and Sanoj. Hence, it is concluded that the identity of the accused as a member of a riotous mob has not been established beyond all reasonable doubts."

The FIR was registered on March 3, 2020, as Police Station Gokulpuri on the complaint filed by Idrish. He alleged that on February 25, 2020, at about 5.30 pm, a riotous mob after breaking open the gates, entered his house in Bhagirathi Vihar. He further alleged that said riotous mob after committing robbery therein, set his house on fire. He along with his family members went up to the terrace to save their lives.

It was further alleged that he suffered a huge financial loss of around 10 lacs, as rioters put on fire two motorcycles, one scooty (meant for a handicapped person), a bicycle and various other household articles, lying in the house.

After Investigation, Delhi Police on August 5, 2020, filed a charge sheet against Dinesh Yadav for offences punishable under sections 147, 148, 149, 436, 427, 392, 452, 454, and 506 of IPC.

( With inputs from ANI )