Court slaps charges of arson, attempt to murder against 19
A Delhi sessions court has ordered framing of charges against Rajdhani School owner Faisal Farooq and 18 others for their alleged involvement in a case of arson, attempt to murder and criminal conspiracy during the 2020 northeast Delhi riots.
The court was hearing a case in which on February 24, 2020, near Shiv Vihar Tiraha, a riotous mob had torched the DRP School and nearby properties, allegedly on the instigation of Farooq. The 18 accused were allegedly part of the rioting mob.
According to the prosecution, the mob was using Rajdhani School as their base for the purpose of hurling petrol bombs and stones at properties of a particular community and also looted valuables from the school.
“I find that (all) the accused persons… are liable to be tried for the offenses punishable under sections 120B (criminal conspiracy), sections 147 (rioting) 148 (rioting, armed with a deadly weapon) of the Indian Penal Code 302 (murder) 153A (punishment for promoting enmity between different groups on grounds of religion, race, place of birth, residence, language, etc.), 395 (dacoity)… of the IPC,” Additional Sessions Judge Pulastya Pramachala said Said passed an order on Friday.
Charges were also framed against him under sections 427 (punishment for causing mischief and causing damage or loss to the amount of rupees fifty or more), 435 (mischief by fire or explosive substance with intent to cause damage to the amount of rupees 100) are done. rupees or more), 436 (mischief with intent to destroy house by fire or explosive substance, etc.) and 450 (trespass to house in order to commit any offense punishable with imprisonment for life), the judge said.
All the accused except Farooq were also liable to be prosecuted under sections 147, 148,153A, 395,427, 435, 436, 450, 307 (attempt to murder), sections 120B, 149 (every member of unlawful assembly) of IPC . Offense committed in prosecution of common object) and 188 (disobedience to order duly promulgated by public servant), the judge said.
“Faisal Farooq is also liable for offenses punishable under sections 147, 148, 307, 395, 427, 435, 436, 450 of IPC, read with 120B of IPC, and for offenses punishable under sections 153A and 505 of IPC. for (statements causing public mischief) IPC,” the judge said.
ASJ Pramachala also Mohd. With regard to the identification of the accused persons as members of the riotous mob under the provisions of the Ansar Arms Act, the judge observed that the rule of prudence while evaluating the evidence on the parameters of credibility can be invoked only after the trial.
Rejecting the arguments to discharge the accused such as call detail record (CDR) locations and delay in registration of FIR and recording of statements of witnesses, the judge said, “I have considered all these arguments, but I do not find In view of the evidence of identity of all the accused persons as part of the riotous mob, none of the accused is being discharged on the basis of these arguments.”
ASJ Pramachala held that while CDR locations were not the original basis of the prosecution’s case and were used as additional evidence, absence of Test Identification Parade (TIP) cannot be claimed as a ground for discharge Was.
The judge also rejected the plea for delay in seeking discharge, saying “it is well known that the riots shook Delhi and therefore even the police agency would be under immense pressure as a result of the riots and complaints”. And by that time already covid 19 virus had knocked on the doors of our society and was on the rise, leading to nationwide lockdown….
The court said that the credibility of any witness can be seen only after examining it and there was evidence of arson on the day of the alleged incident. Regarding the alleged conspiracy, the court said, “In the present case, the details of the evidence… show deliberations between Farooq and other accused persons, after which the DRP school and other properties belonging to Hindus were attacked.”
It said that prior to the attack, people from a particular community had gathered in large numbers at Farooq’s school, which was followed by frequent incidents of stone pelting and petrol on nearby properties and the DRP school, and that this showed that “on the basis of preparedness In this case there was a meeting of the minds between the persons accused for allegedly indulging in a particular act.
Taking note of the complaint and the statements of the witnesses, the court said that it was “beyond doubt that an unlawful assembly was formed with a common object to attack the properties of persons belonging to the Hindu community.” With regard to the offense of attempt to murder, the court took note of the statement of a witness, according to whom the mob was inciting people of a particular community to kill and the accused Mohd. Ansar fired at him.
It said, “The acts of accused Farooq show that he was in collusion with other members of the mob to facilitate the attack against Hindus and the properties of DRP School. He also made a provocative statement against Hindus, which had the effect of promoting hatred between the community of Hindus and Muslims.
Faisal Farooq, Shahrukh Malik, Shahnawaz, Rashid, Mo. in Dayalpur police station. Faisal, Mohd. Sohaib, Shahrukh, Azad, Ashraf Ali, Parvez, Arif, Sirajuddin, Faizan, Irshad, Anees Qureshi, Mohd. Parvez, Mohd. Ilyas, Mohd. Furqan, Mohd. Ansar.
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