“From a hundred rabbits you can’t make a horse, a hundred suspicion don’t make a proof” – Quoting lines from Fyodor Dostovsky’s book “Crime and Punishment”, Additional Sessions Judge, on Monday, discharged two accused persons of the charges of attempt to murder and using arms & ammunition in the Delhi Riots case.
The two accused persons, were charged of the offences under Sections 143, 144, 147, 148, 149, 307 of the Indian Penal Code, 1860 (hereinafter referred as “IPC”) along with Section 27 of the Arms (Amendment) Act, 2019.
The prosecution alleged that the two accused had joined an unlawful assembly, armed with weapons, thereby participating in the riot, on 25th February, last year, near Maujpur Red Light area.
It was also claimed by the prosecutor that despite a prohibitory order under Section 144 of the Criminal Procedure Code, 1973 imposed by the police on the stated date, the two accused had committed the offence of disobeying the orders duly promulgated by a public servant.
The Hon’ble Court is of the belief that there existed a prima facie case against the two for being a part of the unlawful assembly, armed with weapons and committing the offence of rioting. The Hon’ble Court, however, acquitted the accused of the charges of Sections 307 and 27 of the Arms Act.
“That being the case, who is going to say that who shot whom and by whom and where. The suspected victim has never been seen by the police. He has never given any testimony about any gunshot injury or about any mob/rioters. So how is Section 307 IPC made out against the accused when the victim is missing from even the police investigation. How is the gunshot injury established. There is no whisper of that.” the Court opined. Noting that the criminal jurisprudence lays down that there must be some material against the accused persons to frame a charge, the Court also observed “Presumption cannot be extended to take on the shape of evidence.” While releasing the two charged of the offence, the Court transferred the case back to the Magisterial Court.
Case: State vs. Imran @ Teli & Babu
Coram: Justice. Sh. Amitabh Rawat, Additional Sessions Judge
Counsel: Sh. Saleem Ahmed representing the State and Imran alias Teli and Babu, representing the accused persons.
CNR No.: SH01-00-1452-2021 (Riots Case) SC No. 702021
FIR No.: 145/2020 U/S. 143/144/147/148/149/307 IPC & 27 Arms Act
