[Delhi Riots] Four men put on trial for setting fire to shop in North East Delhi

A Delhi Court recently put on trial four men for rioting in relation to the Delhi Riots that took place in February 2020 [State v. Suraj & Ors]..While framing charges, Additional Sessions Judge Amitabh Rawat held,"FIR is not an encyclopedia but the beginning point of investigation and not naming accused in FIR, that too during the period of riots, does not discredit the case of the prosecution at all.".This observation was made in the context of the contention raised by the accused that witnesses in the case could not be believed and that there was delay in recording of their statements. The Court held that these issues could not be the basis for discharge, but were to ascertained during trial.“Moreover, the submissions that the police witnesses are not independent witnesses but interested for a ground of disregarding their statement, is without a legal basis,” the order noted..The four men - Suraj, Yogender Singh, Ajay and Gorav Panchal - were accused of setting ablaze and vandalising a shop in the riot-affected area at the relevant time..Counsel appearing for three of the accused persons sought their discharge contending there was a delay in recording of the witness statements. Besides, it was argued that there was no recovery of any kind of weapons from the accused persons. The police witnesses were also stated to be “interested witnesses” whose testimonies were untrustworthy. The fourth accused was observed to have “conceded” on the point of charge..After hearing the defence counsel and the public prosecutor, the Court opined that the prosecution had “met its case for the purpose of charge.” It was stated that the case at hand was one of “criminal mischief and destruction by fire” of the shop of the complainant..While the Court referred to the video footage that had identified two accused persons, the identity of the other two was established by eye witnesses.“On the basis of the contents of the charge-sheet duly supported by the statement of the witnesses, it has come on record that riotous mob consisting of 100-150 persons armed with lathis and danda and including the accused persons had entered into the shop of the complainant Gulfam and committed mischief and destruction by fire of the said shop by the unlawful assembly in prosecution of common object,” stated the order..The Court, therefore, found grounds for “presuming that the accused persons namely Suraj, Yogender Singh, Ajay and Gorav" had committed offences under Sections 147 (rioting) ,148 (rioting armed with deadly weapon), 427 (mischief causing damage to the amount of fifty rupees), 436 (mischief by fire or explosive substance with intent to destroy house, etc.), 188 (disobedience to order duly promulgated by public servant) of Indian Penal Code (IPC) read with Section 149 (every member of unlawful assembly guilty of offence committed in prosecution of common object) of IPC.The matter will come up for hearing in January 2022..[Read Order]