Did a Delhi Court Convict Six for Rioting and Arson During the 2020 Riots?

Synopsis
Key Takeaways
- Six men convicted for rioting and arson.
- The court emphasized the importance of credible witness testimony.
- Victim reported losses of Rs 1.5 lakh due to the incident.
- Accused were acquitted of the most serious charge under Section 436 IPC.
- Sentencing for the convicts is pending.
New Delhi, Sep 18 (NationPress) A court in the capital has found six individuals guilty for their roles in a rioting mob that attacked and set fire to a carpenter’s workshop in Sadatpur Extension during the unrest in 2020.
Additional Sessions Judge Parveen Singh of the Karkardooma Courts convicted Hariom Gupta, Basant Kumar Mishra, Gorakh Nath, Rohit Gautam, Kapil Pandey, and Bheem Sain under various sections of the IPC, including Sections 147, 148, 188, 435, and 450, but acquitted them of the more serious charge under Section 436 IPC (mischief by fire).
According to the judgment, the prosecution successfully demonstrated that the accused were part of a rioting group comprising 100 to 150 people, who violently broke into the complainant's shop on the night of February 25, 2020, stealing items and igniting a fire.
The incident stemmed from a complaint filed by shop owner Mohd. Wakeel, who reported damages amounting to approximately Rs 1.5 lakh due to the fire.
A significant witness in this case was Head Constable Sandeep, who was on duty in the area at the time. The defense contended that he was a “planted witness” and that his account needed corroboration. However, the court dismissed this claim, asserting that a police witness's testimony should not be inherently discredited.
The judgment emphasized that if a police witness’s evidence is credible, it can be deemed reliable for establishing guilt. It also referenced the duty roster to support Sandeep's presence at the scene, thus rejecting claims of improbability. The court found no evidence to substantiate the charge under Section 436, stating, “There is no evidence that this mischief was done with the intent to cause destruction to the building wherein the shop of the complainant was situated.”
Consequently, the court held the six men accountable for unlawful assembly, rioting with deadly weapons, mischief by fire, house-trespass, and violating prohibitory orders under Section 144 CrPC.
As a result, all the accused were convicted under various IPC sections, while being acquitted of the charge under Section 436. The court is set to determine their sentences in a subsequent hearing.