Complainant turns hostile as court acquits five in 2013 Muzaffarnagar mosque vandalism case
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The complainant and other witnesses turning hostile during the trial led a local court in Uttar Pradesh to acquit five persons accused of vandalising and setting fire to a mosque, besides stealing Rs 1 lakh during the 2013 Muzaffarnagar riots, even as the mosque had indeed suffered vandalism and arson, with the court citing lack of evidence to establish the accused's involvement.
Additional District and Sessions Judge Vijay Kumar acquitted Anuj, Arvind, Nitu, Ankit and Ramkumar on Thursday, observing that the prosecution had failed to prove the charges against them, government counsel Narendra Sharma said on Friday.
The case stemmed from an incident on September 8, 2013, in Muthbhar village, within the jurisdiction of Bhorakala police station. According to the complaint lodged by Shahbuddin, more than 50 people had allegedly stormed the mosque, vandalised it and set it ablaze. They had also allegedly looted around Rs 1 lakh from the mosque before ransacking and setting fire to his house.
Following an investigation, the Special Investigation Team (SIT) filed a charge sheet against the five accused in connection with the incident. However, the prosecution's case weakened considerably when all three witnesses, including the complainant, failed to support its allegations during the trial.
The prosecution examined Shahbuddin, Sajid Ali and Abid Ali as witnesses, but all three denied having witnessed the incident during their examination and cross-examination. With the witnesses turning hostile, the prosecution could not establish the accused's involvement, prompting the court to acquit them on November 5.
The 2013 Muzaffarnagar riots left more than 60 people dead and displaced over 40,000 others. Police registered 510 cases in connection with the violence and arrested 1,480 people, while the SIT subsequently filed charge sheets in 175 cases.
In a separate development in August, a special MP-MLA court allowed the withdrawal of a case against 25 BJP leaders, Hindu activists and others, including Samajwadi Party MP Harendra Malik, accused of inciting communal tension through speeches at a panchayat. The Uttar Pradesh government's decision to withdraw the case preceded the court's approval.