Noting “artificiality” in the claims of an investigating officer and contradictions in witness statements, a Delhi court on Wednesday acquitted 10 men accused of arson and rioting with a deadly weapon during the 2020 northeast Delhi riots.
One witness examined by the prosecution who was running a shop near the place where the incident took place said that his shop was not burnt after the riots. However, a head constable and assistant sub-inspector (ASI) had claimed that the shop of this witness was burnt.
“Both of them claimed that the shop was also burnt by the rioters. This contradictory stand taken by these two alleged eyewitnesses creates a dent in their credibility,” Additional Sessions Judge Pulastya Pramachala of Karkardooma Courts said.
The court also said that the two complainants did not support the case of the prosecution on the aspect of identification of the accused as a part of the mob that indulged in vandalism during the incident. “I find it unsafe to rely upon the evidence of PW6, PW9 and PW13 (all of whom were police witnesses) to believe that all the accused persons were part of the mob which had attacked upon the property,” the judge said while acquitting the accused.
As per the duty roster provided to the judge by the police, PW6 and PW13 (a constable and an ASI) were assigned duty in Chaman Park and PW9 (a head constable) was assigned duty in Johripur. However, the head constable had deposed before court that he was on duty with the constable and the ASI. “This gap goes on to adversely affect the credibility of claims made by all aforesaid three eye-witnesses,” the Court noted.
This story was originally published in indianexpress.com. Read the full story here.
