The atmosphere of terror delayed witnesses coming forward, a Delhi Court observed while framing rioting and other charges against three men for setting a mosque ablaze during the Delhi Riots of February 2020 [State v. Deepak & Ors]..Additional Sessions Judge Virender Bhatt prima facie found “sufficient material” to frame charges under Sections 147 (rioting), 148 (rioting with deadly weapon), 380 (theft), 427 (mischief causing damage) ,436 (intent to destroy house by explosives) read with Section 149 (every member of unlawful assembly with common object) of the Indian Penal Code..The accused persons were arrested and chargesheeted following the incident on February 24, 2020. They had purportedly vandalised, looted and set one Janati Masjid on fire.The defence counsel argued that all the accused persons had been framed and that witnesses were tutored to testify against them. The initial chargesheet had no evidence against the present accused and a couple of witnesses later gave statements against them, it was submitted..The Court, however, noted,“It needs to be kept in mind that on account of atmosphere of terror and trauma due to unprecedented riots that had taken in North East District of Delhi from 24.02.2020 to 27.02.2020, the public had got immensely traumatised to the extent that nobody was willing to come forward and make statement to the police with regards to the incidents of violence which they had witnessed.”.Thus, it was noted that the delay in recording the statements of the two witnesses could not be held “fatal” to the prosecution case at the current stage, when charges are to be decided against the accused."It is held that there is prima facie sufficient material to frame charges against the accused. Hence, charges for the offences u/s 147/148/380/427/436 r/w section 149 IPC are liable to be framed against all the three accused," held the Court..Special Public Prosecutor D K Bhatia represented the State. Advocate Shikh Garg appeared for the accused..[Read Order]
