'Callous Investigation, Manipulation Of Case Diary': Court Acquits Three Men In Delhi Riots Case Citing Flaws In Police Probe

A Delhi Court has recently acquitted three men in a case concerning the 2020 North-East Delhi riots citing flaws in the investigation conducted by the Delhi Police.

Additional Sessions Judge Parveen Singh of Karkardooma Courts said that there was doubt about the credibility of witnesses, probable manipulation of case diary and callous manner of investigation.

The Court acquitted Akhil Ahmed, Rahees Khan and Irshad in FIR 78 of 2020 registered at Dayal Pur police station.

It was alleged that during the riots, a Hero Showroom situated at Chand Bagh, Wazirabad Road had been set on fire. Two complaints were received alleging that an Alto car which was sent for service at Skyride showroom, Chand Bagh was vandalized and burnt and that the rioters had broken three locks of Skyride showroom and damaged various articles.

In September 2021, the three men were charged for the offences under Section 143, 147, 148, 149, 454, 427, 380, 436 and 435 of the Indian Penal Code, 1860, to which they pleaded not guilty and claimed trial. The prosecution had examined 21 witnesses to prove its case.

While acquitting them, the judge noted that the star witness of the case, a constable, had lost its credibility as he did not name the three accused in the case as rioters who had burnt down Johan Motors but in fact named three other persons.

On manipulation of case diary, the Court said there was no date mentioned underneath one of the witness statement by the IO and the same was recorded on page no. 053 of Book no. 3609 whereas almost all other statements were recorded by the IO in Book No. 12350.

Furthermore, the judge said there was a contradiction in the testimonies of the prosecution witnesses with regard to the timing of the incident.

“It is further to be noticed that despite these witnesses being posted at PS Dayalpur, no efforts were made either by the IO or these witnesses or IO with these witnesses to trace the accused persons. It is only after these accused had been arrested in FIR No. 84/20 that the IO proceeded to Mandoli Jail and arrested these accused in this case,” the Court said.

It further added that there was serious doubt about how the accused in question were found and then arrested by the SI in the case.

“In view of the serious doubts about the credibility of witnesses, probable manipulation of case diary and callous manner of investigation, I am of the opinion that prosecution has failed to prove its case beyond all reasonable doubts,” the Court concluded.

Click here to read order