2020 Delhi Riots: Court frames charges against 3, dismisses additional complaints as fallacious

New Delhi, Nov 18 , A Delhi court has ordered framing of charges against three individuals — Javed, Gulfam and Mustakeem — who have been accused of joining a riotous mob involved in vandalism, looting and arson on February 25, 2020, under the jurisdiction of Dayalpur police station during the 2020 riots in Northeast Delhi.

Dismissing the charges under IPC Section 436 (mischief by fire or explosive substance with intent to destroy house), the court ordered framing of charges against the accused for various offences under the Indian Penal Code (IPC).

The charges include rioting, armed with deadly weapon, theft, mischief by fire or explosive substance, house trespass, unlawful assembly, and disobedience to an order duly promulgated by a public servant.

Additional Sessions Judge Pulastya Pramachala of Karkardooma Courts, while hearing the case, termed the police’s decision to prosecute 19 additional complaints as “fallacious”.

The court observed that the investigating officer relied on “hearsay evidence” to link the additional complaints, stating that there was no concrete evidence confirming the time and date of incidents related to the complainants.

ASJ Pramachala said that the stand of the prosecution to prosecute all additional complaints along with the main FIRs was found to be baseless.

The judge said the additional complaints lacked complete investigation regarding the date and time of the incidents, calling for further thorough examination.

Consequently, the court directed the concerned SHO to conduct a separate and comprehensive investigation into the additional complaints.

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