A Delhi Court on Wednesday acquitted one Noor Mohammad alias Noora of all charges in relation to the North East Delhi riots of February 2020 stating that there was no cogent and reliable evidence on record to hold him guilty. An FIR (129/2020) in this regard was registered at the Khajuri Khas Police Station.
Delhi Police had booked Noor Mohammad under various sections related to rioting, unlawful assembly, arson and vandalism in Bunny Bakery Shop at Chand Bagh Pulia on February 25, 2020. The court observed that when there is unlawful assembly or a large gathering of people takes place and take part in arson or clashes take place between two groups, in order to convict the accused, at least two prosecution witnesses have to support and identify the role and involvement of the person concerned.
In its order, the court said, the police beat constable identified Noor Mohammad as a rioter on April 2, 2020 during the interrogation in the police station. The constable’s identification, the court said, appears to be absolutely doubtful and devoid of trustworthiness. The court further stated that from the deposition of the investigating officer (IO) and a sub-inspector, ‘it was evident’ that the accused was not arrested on identificatory statement of the constable. The court further said that in this case, Noor Mohammad was arrested on the basis of his alleged disclosure statements recorded by the sub-inspector on March 31, 2020.
The court further stated that the IO in his deposition said that the complainant Gyanendra Kumar also identified Noor Mohammad as one of the rioters on April 2, 2020 in the police station. However, the same has not been affirmed by the complainant himself. The court said that Gyanendra Kumar in his deposition has not mentioned that he had gone to police station on April 2, 2020 and identified the accused there.
Further, the court also noted that the beat officer had not apprised his senior officers or his colleagues that he has identified one of the rioters Noor Mohammad and to arrest him. And that he waited for March 31, 2020 to identify and arrest the accused.
