NE Delhi riots case: Perplexing that probe tried to turn victim into accused, says court

Additional Sessions Judge Amitabh Rawat discharged nine people accused in this case under IPC section 307 (attempt to murder) and said only sections pertaining to rioting were made out in this case. “However, the investigation is completely perplexing as prosecution has charged eight accused under section 307 IPC which is an attempt to murder for the attempted murder of injured Bittu who has also been made as an accused in this case for the offence of rioting,” the court said.

This case pertains to a gunshot injury in which one Bittu was shot in his toe during riots near Kabir Nagar Pulia on February 25, 2020.

The court said for the purpose of proving IPC section 307, the prosecution must show that a gunshot injury is caused to the injured, who is not only a star witness in this case but was now also one of accused persons who has to face trial as per the prosecution.

“Thus, without proving the gunshot injury to Bittu, IPC section 307 can’t be proved but how will Bittu appear as a witness in a case in which he himself is an accused. Thus, as per the prosecution, injured/accused Bittu will be on both sides of the court at the same time, firstly as a prosecution witness and then as an accused,” the court said.

Advocates Salim Malik and Shavana, who appeared on behalf of the accused, had sought discharge in this case by stating that the “police is not clear about the case”. The court passed a similar order on August 18, when it noted that complainant Sajjid who was injured by a gunshot injury, was made an accused in his own attempt to murder case. ASJ Rawat had called the investigation incongruous and said “by this logic, every injured person in a riots case can be made an accused”.