Additional Sessions Judge Amitabh Rawat has absolved Imran and Babu of attempt to murder charges in the North East Delhi riots that broke out last year in February.
Quoting lines from Fyodor Dostoevsky’s book Crime and Punishment, ASJ Rawat said, “From a hundred rabbits you can’t make a horse, a hundred suspicion don’t make a proof. Thus, both the accused persons are discharged of the offences under section 307 IPC and Arms Act.”
Babu and Imran, were booked under section 143 (punishment for unlawful assembly), 144 (joining unlawful assembly with deadly weapons), 147 (rioting), 149 (unlawful assembly), 307 (attempt to murder) of the Indian Penal Code and section 27 (use of arms) of the Arms Act.
The State alleged that both the accused Imran and Babu were members of the unlawful assembly, who were armed with weapons and participated in rioting on February 25, 2020 at Maujpur Red Light area. Despite warnings by the police, they did not leave the area and disobeyed the order promulgated by public servants after a prohibitory order under section 144 of CrPC was imposed.
The court observed that there was a prima facie case and sufficient grounds for presuming that both accused persons were guilty of rioting with deadly weapons and being part of an unlawful assembly. However, the court noted that the alleged victim who suffered a gunshot injury has not revealed anything incriminating against Imran and Babu.
ASJ Rawat said, “That being the case, who is going to say that who shot whom and by whom and where. The alleged victim has never been seen by the police. He has never given any statement about any gunshot injury or about any mob/rioters. So how is Section 307 IPC made out against the accused persons when the victim is absent from even the police investigation. How is the gunshot injury established? There is no murmur of that.”
The court further held that section 307 of the Penal Code is “out of bounds with nothing in the charge sheet to dig in” and no ground for presuming that Imran and Babu have committed the offence of attempt to murder under the said provision.
Observing that “presumption can’t be stretched to take the shape of proof/evidence”, the sessions court transferred the case back to the Magisterial Court for trying the other offences as made out against the two accused persons.
The order may be read here:
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