A Delhi court has acquitted two men accused of vandalising multiple shops during the 2020 northeast Delhi riots, observing that a mob chanting slogans cannot be presumed to have taken part in violence unless there is evidence.
“It is clear that none of the prosecution witnesses have, during their testimonies before the court, identified any of the accused being the part of a mob which was indulging in riots,” additional sessions judge Praveen Singh of Karkardooma courts said.
The two acquitted men are Jony Kumar and Mithan Singh. “The accused were standing with a mob and shouting slogans of Jai Shri Ram. This fact can neither prove nor lead to a presumption that the same mob had indulged in rioting,” the judge in the October 31 order, said.
The case originally dates back to February 25, 2020 when a shop was vandalised by a mob at around 11am. A first information report (FIR) under the offences of vandalism, rioting and robbery was lodged at Khajuri Khas police station against unknown persons and the present two accused were arrested based on CCTV footage of the area.
Subsequently, seven other cases of vandalism were also clubbed in the same FIR. Both Kumar and Singh were accused of being part of the offending mob.
The court further rejected the prosecution claim that the witnesses had been won over by the accused persons. The order said that it was highly improbable that the complainants who were the victims would suddenly side with the perpetrators of a crime after the incident several years ago.