2020 riots: 5 charged with setting afire place of worship in Delhi

NEW DELHI: A Delhi court has framed charges of rioting and unlawful assembly against five men - Ankit, Sourabh Sharma, Rohit, Rahul Kumar and Sachin - for allegedly setting on fire a place of worship and other articles lying therein during the 2020 north-east Delhi riots.
"CCTV footage was used for identification of accused persons and the case basically rests on the account of fact given by eyewitnesses i.e. police officials and public persons, who identified the accused persons and pointed out to them in the CCTV footages.
When all the accused persons are alleged to be members of unlawful assembly, it becomes immaterial, if a particular accused is not alleged with any specific overt act regarding setting fire...," the court said.
A Delhi court has framed charges against five men for allegedly setting on fire a place of worship and other articles lying therein during the 2020 north-east Delhi riots.
The court charged the five accused persons under sections 147 (punishment for rioting), 148 (rioting, armed with deadly weapon), 427 (mischief causing damage to the amount of fifty rupees), 435 (Mischief by fire or explosive substance with intent to cause damage to amount of hundred rupees), 436 (mischief by fire or explosive substance with intent to destroy house, etc), 149 (every member of unlawful assembly guilty of offence committed in prosecution of common object), 188 (disobedience to order duly promulgated by public servant.) and 450 (house-trespass in order to commit offence punishable with imprisonment for life) of the Indian Penal Code, 1860.
Additionally, accused Rohit was also charged under sections 109 (punishment of abetment if the act abetted is committed in consequence and where no express provision is made for its punishment) and 114 (Abettor present when offence is committed.) of the IPC.
Framing charges against the five men, the court noted that the statement of an eyewitness, Ali Ahmed, revealed that accused Rohit was "instigating other members of the mob" to set the place of worship and houses of people belonging to the minority community on fire.
The FIR was registered in Karawal Nagar police station on the basis of a complaint received by a head constable from Mohammad Imran. The FIR also alleged that a sculpture had also been put on slab outside the door of the place of worship.
Observing that absence of conducting a test identification parade (TIP) cannot be used by accused for seeking discharge, the judge said, while pointing out that an identification through video cannot be termed illegal or inadmissible in evidence.