Four months after a Delhi court asked police to investigate a mob attack against a Muslim man during the Northeast Delhi riots, saying it was apparent that sections relating to attempt to murder and dacoity should have been invoked, police dropped these sections in their chargesheet citing no evidence.
Complainant Salman’s house was attacked by a mob of over 100 people, allegedly instigated by six people who were chargesheeted in the case.
The six accused, all locals from Karawal Nagar, had told the mob: “Can’t you even kill a Muslim? Break down their doors and kill them,” stated the chargesheet.
Salman escaped with his wife and son while the mob broke into his home and set his bike on fire. T
The Metropolitan Magistrate had ordered police to register an FIR following an application filed by Salman’s lawyer MR Shamshad. Police had challenged this order before a Sessions Court which dismissed the application on July 14, 2021, stating that “it was apparent sections 397 (robbery or dacoity with an attempt to cause death or grievous hurt) and 307 (attempt to murder) of the IPC should have been invoked in the matter”.
The court then had observed, “The delay in filing the complaints by some persons could be justified, but the possibility of giving untrue, exaggerated and motivated account cannot be ruled out. This could be a handiwork of a group of activists from either community, therefore, prima facie no fault can be found with registration of a single case in respect of the operation of a single and distinct unlawful assembly in a particular area.”
Section 307 carries a punishment of 10 years imprisonment along with a fine while Section 397 carries imprisonment which shall not be less than seven years.
The chargesheet was filed before Chief Metropolitan Magistrate Arun Kumar Garg on November 7.
Police stated that allegations that the accused were seen carrying deadly weapons could not be substantiated as no evidence was on record. Further, charges relating to theft have also been dropped.
“Despite efforts, no evidence has come on record to link any of the accused being chargesheeted in the case with offences reported by the complainant… Further efforts are afoot to investigate the matter,” the chargesheet read.
Police further said they could not trace any eyewitnesses.
Police stated that they have booked the accused under IPC sections 188 (disobedience to order duly promulgated by public servant), 111 (liability of abettor when one act abetted and different act done) 455 (lurking house-trespass), 435 (mischief by fire or explosive substance with intent to cause damage…) and 427 (mischief causing damage to the amount of fifty rupees).
This story first appeared on indianexpress.com