Northeast Delhi Riots 2020: 5 Acquitted in Mosque Arson Case
Karkardooma Court acquits five men accused of burning a mosque during the 2020 Northeast Delhi riots due to lack of evidence.
In a significant legal development regarding the Northeast Delhi riots 2020, the Karkardooma Court has acquitted five individuals previously accused of rioting, unlawful assembly, and the burning of a mosque in the Karawal Nagar area. Additional Sessions Judge (ASJ) Parveen Singh ruled that the prosecution failed to provide sufficient evidence to prove the allegations beyond a reasonable doubt.
The Charges and the Incident
The case dates back to February 24, 2020, during the unrest that gripped Northeast Delhi. According to the complaint filed by local resident Ali Ahmed, a mob entered the street and targeted the Masjid Allah Wali, which was located directly in front of his house. The prosecution alleged that the mob set the mosque on fire, destroying items across all four floors of the building, and placed a statue on the slab outside the mosque's door.
The violence didn't stop at the mosque. Ali Ahmed claimed that after the initial arson, the mob returned ten minutes later. He recounted how he had to retreat to his terrace while the mob vandalized his home, stole a motorcycle and a bicycle to set them ablaze in the street, and damaged his electricity meter. The complainant further alleged that four to five other houses in the vicinity were also damaged, and he remained in hiding for several days following the attack.
The Legal Loophole: CCTV Evidence Rejected
The police had identified the five accused—Ankit, Sourabh Sharma, Rohit, Rahul Kumar, and Sachin—as members of the mob based on CCTV footage and a public witness. However, this crucial piece of evidence became the turning point for the defense.
The court observed that the police failed to produce a valid certificate for the video source, a mandatory requirement under the Indian Evidence Act. Specifically, the court noted that the certificate did not meet the requirements of Section 65B of the Indian Evidence Act because:
- The details of the computer system used to extract the footage were not mentioned.
- The individual who issued the certificate had no actual control over the data provided.
"Considering these facts and circumstances, the video footage cannot be considered in evidence even for the purpose of finding the accused as members of the unlawful assembly or the violation of prohibitory order under section 144 CRPC," the court stated.
The Verdict
Based on the failure of the prosecution to substantiate the claims with admissible evidence, ASJ Parveen Singh granted the benefit of the doubt to the five men. In the judgment delivered on October 31, the court declared that the prosecution had failed to prove its case, leading to the acquittal of all five accused from the charges framed under sections 147, 148, 149, and 436 of the IPC.