The Delhi High Court in the case observed and has framed charges which are against five men for allegedly setting on fire a mosque and other articles lying therein like the Quran, carpet and CCTV cameras during the North-East Delhi riots in the year 2020.
However, the charges of rioting and unlawful assembly by Additional Sessions Judge Pulastya Pramachala of Karkardooma against Ankit, Sourabh Sharma, Rohit, Rahul Kumar and Sachin.
In the present case, the FIR was registered in Karawal Nagar police station on the basis of complaint received by a head constable from one Mohd. Imran, allegations are made that the Allah wali Masjid which is situated at Shahid Bhagat Singh Colony was set on fire during riots. Further, it has also been alleged before the court that a sculpture had also been put on slab which is outside the door of the Masjid.
The court observed that the CCTV footages of the place of incident were collected during the investigation. Lately, the accused was identified by the staff and a head constable as being members of the mob who committed vandalism
at the mosque.
The court noted that it has been revealed in the statement made by of an eye witness Ali Ahmed that the accused Rohit was instigating other members of the mob for setting the mosque and other houses of people which belongs to the Muslim community on fire. Thus, the court framed the charges against five men.
The court noted that the statement stated that the accused Saurabh was setting the mosque on fire, wherein Ankit was taking out articles while damaging the same.
The court in the case noted in relation to the accused Rahul and Sachin that it came to the statement of witness that on February 25, 2020 they were taking articles of mosque outside in the gali and has destroyed the same. It has also been stated by Ali Ahmad that he had seen same accused persons who were vandalizing and were setting this mosque on fire on February 24, 2020
at 11 PM.
Further, the judge in the case observed and has also took note of the fact that the accused persons were also being identified to be the member of the mob by the eye witness. The court observed that the absence of conducting a test identification parade, TIP cannot be used by accused wherein seeking discharge, the judge also stated that such identification through video cannot be termed as inadmissible or illegal in terms of evidence.
Therefore, the charged are framed against the accused persons under section 147, section 148, section 427, section 435, section 436, section 149, section 188 and section 450 of Indian
Penal Code, 1860.
Accordingly, the court stated that accused Rohit is to be charged under section 109 and section 114 of the Indian Penal Code, 1860.
