The witnesses produced by the Delhi Police, as well as the investigation conducted by it, have drawn sharp criticism from a Delhi court while hearing a 2020 Northeast Delhi riots case against five persons accused of rioting and arson, with the court concluding that the probe had been carried out in a mechanical manner and that the police witnesses were unreliable.
Additional Sessions Judge Parveen Singh of the Karkardooma Court recently acquitted Abdul Sattar, Arif Malik, Khalid, Tanveer and Hunain in a case related to alleged stone pelting and arson near the Bhajanpura petrol pump during the violence that broke out in February 2020.
The case had been registered on the complaint of Tarun, who had suffered injuries during the incident and had alleged that a mob assaulted him with lathis and set his motorcycle on fire, according to The Indian Express.
During the trial, the prosecution relied primarily on the testimonies of three police witnesses, while no independent witnesses were examined to substantiate the allegations against the accused.
Upon scrutiny of the evidence, the court found that two of the three police witnesses failed to inspire confidence, while the testimony of the remaining witness, standing alone, was insufficient to establish the guilt of the accused beyond a reasonable doubt.
The court noted serious inconsistencies in the version put forth by the police witnesses regarding their movement on the day of the incident, as the daily diary entries showed that the police personnel had left the Bhajanpura police station for Noor-e-Ilahi at around 1 pm, which contradicted their claim that they had received directions to reach the Bhajanpura petrol pump at the same time.
This contradiction, the court observed, cast doubt on the sequence of events narrated by the police and raised questions about the manner in which the investigation had been conducted.
Further weakening the prosecution’s case was the testimony of an employee of the petrol pump, who stated that the facility had been closed by 12.30 pm on the day of the incident, whereas the complainant had claimed that he reached the petrol pump between 1.30 pm and 2 pm to refuel his vehicle.
The court found this version improbable in light of the evidence suggesting that the petrol pump was not operational at the relevant time.
The court also expressed concern over the investigating officer’s failure to properly examine witnesses regarding the alleged involvement of the accused, while noting that such omissions reflected a lack of due diligence during the investigation. In view of these deficiencies, the court granted the accused the benefit of the doubt and acquitted them of all charges.
According to data cited from The Indian Express, while 695 cases relating to rioting, arson and unlawful assembly were registered by the Delhi Police in connection with the 2020 Northeast Delhi riots, nearly 80 per cent of the cases that have concluded have resulted in acquittals.