New Delhi [India], September 1 : Delhi's Karkardooma Court has acquitted 12 accused of unlawful assembly, rioting, arson, murder and destruction of evidence, Dacoity, provoking public sentiments, etc., saying that the Prosecution has failed to prove the allegations beyond reasonable doubt.
This case is also linked with the murder of Mursaleen in Gokul Puri area during North East Delhi riots in February 2020.
Additional Sessions Judge (ASJ) Praveen Singh acquitted 12 accused, namely Lokesh Solanki, Pankaj Sharma, Ankit Chaudhary alias Fauzi, Prince alias DJ Wala, Jatin Sharma alias Rohit, Himanshu Thakur, Vivek Panchal alias Nandu, Rishabh Chaudhary alias Tapas, Sumit Chaudhary alias Badshah, Tinku Arora, Sandeep alias Mogli, Sahil alias Babu.
"I find that the prosecution beyond all reasonable doubts, has failed to prove that the accused had committed offences punishable under section 144, 147, 148 read with section 149 IPC; under section 302, 201, 432, 435, 34 read with section 149 IPC; under section 395, 396 read with section 149 IPC and under section 153A, 505 read with section 149 IPC. All the accused are accordingly given the benefit of doubt and are acquitted of these offences," ASJ Praveen Singh held on August 25.
The court held Himanshu Thakur guilty for the possession of stolen property, saying, " However, I find that the prosecution, beyond all reasonable doubts, has proved that accused Himanshu Thakur has committed an offence punishable under section 411 IPC. Accused Himanshu Thakur is accordingly convicted for the offence punishable under section 411 IPC."
While acquitting the Accused persons, the court said that to prove the guilt of an accused it is not sufficient to show that he was a part of an unlawful assembly. His individual act should be shown with the help of evidence.
ASJ Singh said, " I accordingly find that in order to bring home the guilt of the accused, who were members of an unlawful assembly as discussed, it was further required to be proved against each of the accused that the said accused was armed with a deadly weapon."
" However, there is no evidence on record where any weapon has been attributed to any of the accused while they were members of the said unlawful assembly. In these circumstances, I find that the prosecution has failed to prove the ingredients of section 144 IPC," ASJ Singh said.
The court also noted that the Special Public Prosecutor (SPP) conceded that the prosecution has not been able to bring any evidence to prove the guilt of the accused for offences of murder and Dacoity etc. punishable under section 302, 395, 396 IPC.
The court noted that from the evidence on record also, it is apparent that none of the witnesses, which the prosecution had sought to produce as eyewitnesses to the murder of deceased Mursaleen, have supported the case of the prosecution or even stated that they had witnessed the murder of the deceased by riotous mob at Johripur Pulia on 25.02.2020 at around 4-4.30 p.m. and thus, there is no evidence of any dacoity as such.
As per the prosecution, on February 28 2020, at about 10.13 a.m, information was received at Police Station Gokal Puri that a dead body was lying in Nala near Johripur Tiraha. The dead body was sent to GTB Hospital, where an MLC was prepared. Thereafter, the dead body was preserved in the mortuary of GTB Hospital.
During the investigation on March 2, 2020, a post-mortem upon the dead body was conducted. On March 1, 2020, Nargis lodged a missing report of her husband at Gokal Puri police station. On March 12, 2020, complainant Nargis identified the dead body as that of her husband, Mursaleen.