 "Gavel, law")
A court here has convicted a man of unlawful assembly and arson charges in a case related to the 2020 northeast Delhi riots, while acquitting his father of all alleged offences.
Additional Sessions Judge Pulastya Pramachala was hearing a case against Jony Kumar and his father Mitthan Singh, who were accused of being part of a riotous mob that torched two houses in the Khajuri Khas area here on February 25, 2020 during the communal riots.
"Accused Jony Kumar is held guilty and convicted for the offences under sections 148 (rioting, armed with a deadly weapon) and 436 (mischief by fire or explosive substance with the intent to destroy house etc.) of the Indian Penal Code (IPC), read with section 149 (unlawful assembly) of the IPC, and under IPC section 188 (disobedience to order duly promulgated by public servant)," the judge said.
In an order passed on Wednesday, the judge acquitted Singh of "all the charges levelled against him".
The court rejected the defence counsel's argument regarding none of the witnesses testifying about seeing the duo as part of the riotous mob that set the houses ablaze.
It said, "If the testimonies of all these witnesses are seen together, then a clear picture emerges in the form of accused Jony being there in the gali (lane), raising slogans and participating with other rioters."
The court said the evidence of two prosecution witnesses established in "categorical terms" Kumar's active participation with the rioters.
"It is no wonder if the rioters could not be apprehended from the spot by the police on account of their huge number.... It is very much possible with a mob mentality to not be bothered by the presence of police and it is a matter of common knowledge that even police officials are attacked by rioters," it said.
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The court, however, said Singh's name was not mentioned in the complaint nor did the other witnesses claim to have seen him in the unlawful assembly.
"Thus, in respect of this accused, there is a bit weaker evidence.... In my opinion, the benefit of this situation should go in favour of accused Mitthan Singh to give him the benefit of the doubt," it said.
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