Citing lack of proof, court acquits 3 men in 2020 north-east Delhi riots

NEW DELHI: A Delhi court has acquitted three men in a case related to the 2020 north-east Delhi riots, citing lack of proof and observing that possibility cannot become evidence.
The court of additional sessions judge Pulatsaya Parmachala acquitted Dinesh Yadav alias Michael, Sandeep alias Mogli and Tinku of charges of rioting and being part of a mob, which vandalised two properties. The three men had been named in an FIR filed at Gokulpuri police station on complaints by Aakil Saifi and Irfan. Charges were framed under IPC sections on rioting and unlawful assembly.
Possibility can't become proof: Court in riot case
The witnesses stated they had been informed by some persons about vandalism and arson at their respective places. They did not disclose particulars of those informers nor did the investigation officer find out those particulars. Their evidence cannot be the basis to say these incidents were caused by a mob," the court said.
The court said the witnesses were not present at the places concerned at the time of the incident."Possibility cannot become evidence and it has remained a matter of presumption of the prosecution, based on hearsay evidence or possibility only, that there was a mob behind these incidents... For want of any evidence, I am unable to say there was a mob behind both the incidents probed in this case," said the ASJ.
On the cross-examination conducted by the special public prosecutor, the court observed, "Without seeking any answer, the witness was straightaway given suggestions by the learned SPP, which was wrong practice. Such kind of evidence cannot be relied upon by the court."