Tag: arson

Delhi riots: In arson of Muslim woman’s property case, father-son duo convicted

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New Delhi: A court here has convicted a father-son duo for rioting and arson in a case of the 2020 North East Delhi riots, saying the prosecution proved the charges against them beyond reasonable doubt.
Additional Sessions Judge Pulastya Pramachala was hearing a case against Mithhan Singh and his son Jony Kumar, who were accused of being present in a riotous mob that torched several properties in lane number four of Khajuri Khas on February 25, 2020.
“I find that it is proved beyond doubt against both the accused that they were part of the mob which burnt the property (of complainant Shabana Khatoon)… Thus, they are held guilty of the offences under sections 147 (rioting) 148 (rioting, armed with a deadly weapon) 436 (mischief by fire or explosive substance with intent to destroy house, etc.) read with section 149 (every member of unlawful assembly guilty of offence committed in prosecution of common object) of the Indian Penal Code and convicted accordingly,” the judge said in an order passed on Monday.

The court posted the matter for filing affidavits on April 19, following which the proceedings on sentencing will commence.
ASJ Pramachala noted the statements of several public witnesses and said it was safe to conclude that an unlawful assembly was formed with the common intention of attacking the properties of a particular community and that the riotous mob engaged in incidents of vandalism and arson.
Regarding the identification of the duo as part of the mob, the judge said none of the public witnesses or residents of the lane, including the complainants, supported the prosecution’s case and refused to identify the accused persons as members of the mob.
The only witnesses who identified both accused as members of the mob were prosecution witnesses Mohd. Tahir and Constable Rohtash, the judge said.
He said Tahir’s testimony was “reliable” to show both accused were out in the lane and that they had joined the riotous mob raising slogans, while Constable Rohtash was the beat officer of the area and saw the duo as part of the mob that torched Khatoon’s property.

The judge said the testimony of the police official could not be discarded because of the absence of the daily diary (DD) entry or a formal report on the incident.
Based on the evidence of the two witnesses, there was “no doubt that both accused persons were part of the mob” that indulged in the incident of arson at Khatoon’s property, the judge said.
The Khajuri Khas police station had registered an FIR against the duo on the basis of Khatoon’s statement. Later, six other complaints were also clubbed with the case.
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#Delhi #riots #arson #Muslim #womans #property #case #fatherson #duo #convicted
( With inputs from www.siasat.com )

April 18, 2023
Kerala police to invoke UAPA on main accused in train arson case

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Kozhikode: Kerala police has decided to invoke provisions of the stringent Unlawful Activities (Prevention) Act against the main accused in the train arson incident that resulted in the loss of three lives.
A senior police official, who is a part of the special investigation team (SIT), told PTI on Sunday that UAPA provisions will be slapped on the accused in the matter and further details will be revealed in the coming days.
The investigating team, which has been granted custody of Shahrukh Saifi, had on April 12 taken him to Kannur for collecting evidence from the two train coaches of the Alappuzha-Kannur Executive Express train in which he had set fire to some passengers leading to the death of three persons, including a two-year old child.

Saifi’s police custody is set to expire on April 18.
A Kozhikode First Class Judicial Magistrate had granted 11-day custody of Saifi to police after he was discharged from hospital upon undergoing treatment for the injuries he suffered during an attempt to escape from the moving train.
Saifi has also confessed to the crime committed by him, according to the police.
On the night of April 2, Saifi had set his co-passengers on fire onboard the Alappuzha-Kannur Executive Express train when it reached Korapuzha bridge near Elathur in Kozhikode.
Nine people had suffered burn injuries in the incident while three, including a toddler, were found dead on the tracks. Police suspect that they fell while trying to escape from the fire.
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#Kerala #police #invoke #UAPA #main #accused #train #arson #case
( With inputs from www.siasat.com )

April 17, 2023
2020 Delhi riots: Court acquits father-son duo of rioting, arson charges in 2 cases

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New Delhi: A court here has acquitted a father-son duo of the charges of rioting and arson during the 2020 North East Delhi communal conflagration, saying there was no incriminating evidence against them.
Additional Sessions Judge Pulastya Pramachala was hearing two cases pertaining to the 2020 riots based on three complaints against Mithhan Singh and his son Jony Kumar.
According to the prosecution, the duo was part of a riotous mob that set ablaze houses, including those of the complainants, after identifying the properties of people from a particular community, in lane number 29 of Khajuri Khas on February 25.

“…Both both accused are hereby acquitted of all the charges levelled against them in this case,” ASJ Pramachala said in the judgments passed on Monday.
In both orders, the judge noted citing prosecution witnesses that though the presence of an unlawful assembly which engaged in rioting, vandalism and arson was established, they did not identify the duo.
“Hence, it was realised that there was no incriminating evidence at all against both the accused persons, so as to seek any explanation from them,” the judge said.
The Khajuri Khas police station had filed charge sheets against the two for various offences under the Indian Penal Code, including rioting and mischief by fire or explosive substance with intent to destroy house, etc.

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#Delhi #riots #Court #acquits #fatherson #duo #rioting #arson #charges #cases
( With inputs from www.siasat.com )

April 12, 2023
Kerala train arson case: Accused Sharukh Saifi sent to 14-day judicial custody

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Kozhikode: Kerala train arson accused Shahrukh Saifi was on Friday remanded to 14-day judicial custody.
The order was issued by Kozhikode Judicial First Class Magistrate, who reached the Kozhikode Government Medical College Hospital, where the accused, Saifi, was undergoing treatment on Friday morning, to complete the process of remand.
“City Police Commissioner Rajpal Meena and Munsiff Magistrate arrived at the hospital and the accused has been awarded 14 days of judicial custody,” officials said.

Saifi was brought to Kozhikode Medical College for medical examination on Thursday morning and was admitted there.
According to officials, taking into account the health problems of the accused, the magistrate court transferred the proceedings to the hospital.
Judicial First Class Magistrate Manish physically came to the Medical College for proceedings. After speaking to the accused at the Medical College, Magistrate proceeded to remand him.
They said that the accused will continue to remain in medical treatment at Kozhikode Govt Medical College Hospital.
“A decision on whether to send the accused to police custody will be taken after the fitness of the accused is re-examined. If the court refuses to send the accused in custody, the detailed questioning of the accused will be delayed,” they said.

Sharukh Saifi was detained in Maharashtra’s Ratnagiri on Tuesday night by the Anti-Terrorism Squad of Maharashtra police with the help of the National Investigation Agency(NIA).
On Tuesday, he was handed over to Kerala police.
The arrest was made based on a sketch released by the kerala police on information provided by an eyewitness.
The Maharashtra police had said he confessed to the crime. Saifi is a resident of the Shaheen Bagh in Delhi’s Jamia Nagar.
A team from Kerala police visited Saifi’s residence. Kerala police formed a special investigation team to probe the incident.
The attack happened on a moving Alappuzha Kannur executive express on Sunday night.
Three people were killed in the attack including an infant and a woman and around 10 were injured.
The investigations so far indicated that Saifi was radicalised online. Handwritten notes were also found in which he allegedly said, “Let’s do it”.
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#Kerala #train #arson #case #Accused #Sharukh #Saifi #14day #judicial #custody
( With inputs from www.siasat.com )

April 7, 2023
2020 Delhi riots: Court orders framing of arson, attempt to murder charges against 19

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New Delhi: A Sessions court here has ordered framing of charges against Faisal Farooq, the owner of Rajdhani school, 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 where a riotous mob, on the purported instigation of Farooq, allegedly torched DRP School and adjoining properties near Shiv Vihar Tiraha on February 24, 2020. The 18 accused persons were reportedly part of the riotous mob.
According to the prosecution, the mob was using Rajdhani School as its base for the purpose of throwing petrol bombs and stones at the properties of a particular community and also robbed valuable items from the school.
“I find that (all) accused persons are liable to be tried for offences punishable under sections 120 B (criminal conspiracy) of the Indian Penal Code read with sections 147 (rioting ) 148 (rioting, armed with a deadly weapon) 302 (murder) 153A (punishment for promoting enmity between different groups on the ground of religion, race, place of birth, residence, language, etc.), 395 (dacoity)…of the IPC,” Additional Sessions Judge Pulastya Pramachala said in an order passed on Friday.
Charges are to be framed against them also under sections 427 (punishment for committing mischief and thereby causing loss or damage to the amount of Rs fifty or upwards), 435 (Mischief by fire or explosive substance with intent to cause damage to an amount of 100 rupees or upwards), 436 (mischief by fire or explosive substance with intent to destroy house, etc.) and 450 (house-trespass in order to the committing of any offence punishable with imprisonment for life) of the IPC, the judge said.
All accused except for Farooq were also liable to be tried under sections 147, 148,153 A, 395,427, 435, 436, 450, 307 (attempt to murder) of the IPC read with sections 120 B, 149 (every member of unlawful assembly guilty of offence committed in prosecution of common object) and 188 ( disobedience to order duly promulgated by public servant) of the IPC, the judge added.
“Faisal Farooq is also liable to be tried for offence punishable under sections 147, 148, 307, 395, 427, 435, 436, 450 of the IPC read with 120 B of the IPC, and for the offence punishable under sections 153A and 505 (statements conducing to public mischief) of the IPC,” the judge said.
ASJ Pramachala also put on trial Mohd. Ansar under the provisions of the Arms Act.

Regarding the identification of the accused persons as members of the riotous mob, the judge said the rule of prudence can be applied only after trial, at the time of assessment of the evidence on the parameters of credibility.
Rejecting the arguments for the discharge of the accused, such as call details record (CDR) locations and the delay in registration of FIR and recording statement of witnesses, the judge said, “I have considered all these contentions, but I do not find the discharge of any accused being made out on the basis of these contentions, in view of the evidence of identification of all the accused persons as part of the riotous mob.”
ASJ Pramachala said while CDR locations were not the basic premise of the prosecution’s case and were used as additional evidence, the absence of the test identification parade (TIP) could not be claimed as a ground for discharge.
The judge also rejected the plea of delay for seeking discharge, saying “It is well known that riots had shaken Delhi and so even police agency could have been under tremendous pressure on account of riots and the consequent flow of complaints and by that time already Covid 19 virus had knocked the door of our society and was on continuous rise, leading to nationwide lockdown .”
The court said the credibility of any witness can be looked into only after conducting the trial 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 description of evidence shows the deliberation among Farooq and other accused persons, which was subsequently followed by an attack on DRP School and other nearby properties of Hindus.”
It said prior to the attack, a large number of people of a particular community had assembled at Farooq’s school, which was followed by continuous instances of pelting of stones and petrol at nearby properties and DRP School, and this reflected “preparations made on the basis of a meeting of mind among the accused persons to indulge into a particular act as alleged in this case.”
Noting the complaint and statements of witnesses, the court said it was “beyond doubt that an unlawful assembly was formed with a common object to attack upon the properties belonging to persons from the Hindu community.”
Regarding the offence of attempt to murder, the court noted the statement of a witness, according to which the mob was exhorting to kill people of a particular community and that accused Mohd. Ansar fired at him.
It said, “The acts of accused Farooq showed that he had a meeting of mind with other members of the mob for facilitating an attack against the properties of Hindus and DRP School. He also made a provocative statement against Hindus, which had the effect of encouraging hatred between the community of Hindus and Muslims.”
Dayalpur police station had registered an FIR against Faisal Farooq, Shahrukh Malik, Shahnawaz, Rashid, Mohd. Faisal, Mohd. Sohaib, Shahrukh, Azad, Ashraf Ali, Parvez, Aarif, Sirajuddin, Faizan, Irshad, Anis Qureshi, Mohd. Parvez, Mohd. Illyas, Mohd. Furkan, and Mohd. Ansar.
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#Delhi #riots #Court #orders #framing #arson #attempt #murder #charges
( With inputs from www.siasat.com )

March 18, 2023
2020 Delhi riots: Four acquitted of rioting, arson, theft charges

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New Delhi: A court here has acquitted four men in a case of rioting, vandalism, arson and theft by a mob at Bhagirathi Vihar during the 2020 northeast Delhi riots, saying the accused were entitled to the benefit of doubt.
The court was hearing a case against Dinesh Yadav, Sahil, Sandeep and Tinku, accused of being part of a riotous mob that was involved in looting and arson in some shops on February 25, 2020.
“I find that charges levelled against the accused persons, in this case, are not proved beyond doubt. Hence, accused persons… are acquitted of all the charges levelled against them in this case,” Additional Sessions Judge Pulastya Pramachala said in an order passed earlier this week.
The judge said the formation of unlawful assembly, rioting and vandalism in two shops was “well established” but though both the shops were vandalised, they were not set ablaze.
The court said seven prosecution witnesses could not identify any rioters by appearance or name as they did not see their faces, much less the people involved in the incidents.
It said the testimonies of two police officials were “not reliable” to establish that all the accused persons were members of the riotous mob.
“Prosecution did not prove any record of such vital information being given by these two witnesses in the police station, though ideally it should have been at least recorded in writing. Accused persons were arrested much later in time and statements of these witnesses were also recorded after a long delay.
“I find that accused persons herein are entitled to benefit of the doubt in the present case,” the court said.

Gokalpuri police station had filed a chargesheet against the accused men for several offences, including rioting, theft in dwelling house and mischief by fire or explosive substance with the intent to destroy house, under the Indian Penal Code.
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#Delhi #riots #acquitted #rioting #arson #theft #charges
( With inputs from www.siasat.com )

February 25, 2023
2020 Delhi riots: Court acquits 2 of charges of rioting, arson

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New Delhi: A court here on Friday acquitted two people of all charges connected to the 2020 northeast Delhi riots, saying “presumption cannot take the place of evidence”.
The court was hearing a case against accused Ranjeet Singh Rana and Ravi Singh who were accused of being part of a riotous mob that torched a car on February 24, 2020 and committed arson and vandalism in two salons or shops in the Karawal Nagar area the next day.
“I find that charges levelled against the accused persons in this case are not proved beyond doubt. Hence, accused persons…are acquitted of all the charges levelled against them in this case,” additional sessions judge Pulastya Pramachala said.
The judge said that on the basis of the testimony of the person who was driving the car, it could be held that a riotous mob had torched it, but the prosecution evidence fell short of giving an exact account of the facts regarding the two other incidents.
“…On close scrutiny of evidences, I find that prosecution could show involvement of mob only in respect of the incident of damage caused to the car of Prosecution Witness 1 (person driving the car) and it is basically on the basis of (his) unrebutted testimony…that factum of burning his car by an unlawful assembly is established,” the judge said.
Also, the prosecution did not submit the requisite certificates under Section 65B of the Evidence Act for the two shops and without such certificate, digitally taken photographs were not admissible as evidence, the judge said.
“This court had given direction, for all the cases of riots, to obtain such certificates from the persons concerned…and these directions were even sent to higher officers of the police…. All prosecutors were also time and again reminded about such legal requirements, but as far as this case is concerned, no such steps were taken by the investigating officer (IO),” the judge said.
“I find that the prosecution has left it for making guesses and presumptions only to assume that there had been an unlawful assembly behind these two incidents,” the judge added.

Regarding the identity of the accused persons as part of the riotous mob, the court said that two of the complainants turned hostile and denied having identified the accused persons.
Another eyewitness, a head constable, could not vouch for involvement of the accused persons as he had not seen the incidents, the court said.
It said the police official stated that he saw both the accused present at some distance there and thus it was only the prosecution’s presumption that both accused were involved in the incidents.
“However, presumption cannot take the place of evidence. Prosecution witness 1 was the best person to identify the accused persons, if they were involved in the attack upon his car and when (he) did not identify the accused persons, then presumptions of prosecution cannot be basis to hold that both accused were members of that mob,” the court said.
“Thus, I find that prosecution could not prove that incidents at the salons…were caused by an unlawful assembly. Prosecution also could not prove that both the accused persons were involved in any of the three incidents probed in this case,” the judge said.
The Karawal Nagar police station had registered an FIR against the two accused under various sections of the Indian Penal Code, including rioting, on the basis of three complaints.
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#Delhi #riots #Court #acquits #charges #rioting #arson
( With inputs from www.siasat.com )

February 11, 2023