Delhi riots: Court discharges 5 of dacoity, arson; they face trial for rioting
June 06, 2023  20:21
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A court in Delhi on Tuesday discharged five people accused of dacoity and arson in a 2020 northeast Delhi riots case, saying there was no evidence on record to support the allegations. 

The court, however, said they will face trial for the offences of rioting, unlawful assembly and disobedience of an order duly promulgated by a public servant. 

Additional sessions judge Pulastya Pramachala was hearing a case against five people, who were accused of being part of a riotous mob that engaged in vandalism and arson, besides looting 10 tola (116.64 gm) gold jewellery and Rs 90,000 from the complainant's house on February 25, 2020. 

"...I find that there is no evidence on the record in support of allegations for offences under IPC Sections 427 (punishment for committing mischief and thereby causing loss or damage to the amount of Rs 50 or upwards) 435 (mischief by fire or explosive substance with intent to cause damage to an amount of Rs 100 or upwards) and 395 (dacoity) against accused persons. Therefore, they are entitled to be discharged," the judge said. 

The judge, however, said on the basis of the evidence placed on record the accused persons were liable to be tried for the offence of rioting, rioting armed with a deadly weapon, unlawful assembly and disobedience to an order duly promulgated by a public servant. 

ASJ Pramachala said presumptions could not make any person responsible for a particular incident. 

"In the present case from the statement of witnesses and the video relied upon by the prosecution, one can only assume that the accused persons had come in the gali (lane) equipped with lathi or danda and they were making statements against Hindus for putting pressure upon the government to take back CAA/NRC," the judge said. -- PTI
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