8 months ago
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A Delhi tribunal has acquitted 16 accused persons of assorted charges, including rioting, arson and unlawful assembly successful a 2012 case, outlining “serious doubts” successful the prosecution’s story.
Additional sessions Judge Virender Kumar Kharta was proceeding a substance successful which the men were accused of unlawful assembly, pelting stones, rioting and arson, torching a constabulary presumption and committing theft successful the Urdu Bazar country adjacent Jama Majid connected the intervening nighttime of 21-22 July, 2012.
On September 24, the tribunal said nary of the respective prosecution witnesses identified immoderate accused persons, nor did they explicate their idiosyncratic roles, raising “serious doubts” connected the prosecution’s story.
It said the investigating serviceman (IO) failed to cod CCTV footage of the spot oregon the country from wherever the riotous mob would person passed.
“As per the prosecution's story, the alleged incidental continued for a agelong time, and respective presumption location officers (SHOs) and different elder constabulary officials besides reached the spot, but nary of the constabulary officials videographed the incidental with their mobile phones done which the faces of the accused persons could person been matched oregon identified, frankincense raising superior doubts connected the prosecution story,” the tribunal said.
It said nary incriminating worldly was seized from the accused persons, nor could the incidental of theft from a car beryllium attributed to them.
“Non-identification of accused persons done judicial trial recognition parade (TIP) has weakened the lawsuit of the prosecution,” the tribunal said, adding that determination were nary autarkic witnesses to beryllium the allegations.
Regarding the testimonies of constabulary witnesses, the tribunal said determination were “inconsistencies and contradictions” successful the testimonies of the complainant and others, which were not corroborated by immoderate worldly evidence.
“The things look not to person happened successful the mode these person been projected,” the tribunal said.
It said the testimonies of constabulary witnesses were not of a sterling prime to unafraid conviction. “It is an established rule of instrumentality that if 2 views are possible, the presumption favourable to the accused indispensable beryllium accepted. The payment of uncertainty indispensable ever spell to the accused arsenic the prosecution has to beryllium the lawsuit beyond a tenable doubt,” it added.
