DELHI, June 10 – Delhi Court acquits Muslim man in a Delhi riots case, pulls up Delhi Police for falsely citing complainant as witness who could identify him as offender. “It appears that his statement was procured and prepared falsely and belatedly to solve this case,” court said.
Court also questions identification of accused by Head Constable who claimed to be eye witness. “It is hard to fathom that a police officer who is courageous enough to make efforts for stopping the mob just stood there as mute spectator when rioting was taking place,” court.
“No explanation has been given by the said witness who is a police officer for standing by and just watching and waiting,” Chief Metropolitan Magistrate Shirish Aggarwal of Karkardooma Courts said.
The court acquitted Noor Mohammad of the offences of rioting and unlawful assembly under Sections 147, 148, 188, 323, 394 and 427 r/w Section 149 of Indian Penal Code.
Court: Since TIP of accused was not conducted by police for identification by complainant, it can be inferred that it was not carried out since the police was already aware that its case is fabricated and the accused has been shown as the offender only for solving of this case.
Court: If he (complainant) had seen the offenders and could have identified them, he would have mentioned this in his complaint.
Court: The fact that the State falsely cited the complainant as a witness who can identify the accused as the offender, indicates that the case of the prosecution that the offence was committed by the accused Noor Mohammad is false.
“The accused persons cannot be convicted on the basis of mere probabilities or presumptions. Suspicion, howsoever grave may be, cannot take place of proof. Every benefit of doubt goes in favour of accused persons,” court observed.
