Delhi District Court
State vs Shamim Ahmad And Others on 12 February, 2025
CNR No. DLNE01-003379-2021
State v. Shamim Ahmad & Anr.
SC No. 343/2021, FIR No. 135/2020, PS Dayalpur
DLNE010033792021
IN THE COURT OF SH. PULASTYA PRAMACHALA
ADDITIONAL SESSIONS JUDGE-03,
NORTH-EAST DISTRICT
KARKARDOOMA COURTS: DELHI
INDEX
Sl. HEADINGS Page Nos.
No.
1 Description of Case & Memo of Parties 2
2 The case set up by the Prosecution 3-4
3 Charges 4-6
4 Description of Prosecution Evidence 6-18
5 Plea of accused under Section 351 BNSS 18
6 Arguments of Prosecution & Defence 18-19
APPRECIATION OF LAW, FACTS AND EVIDENCE
7 Unlawful Assembly and Riots 19-20
8 Identification of accused persons 20-22
9 Conclusion and Decision 22
Digitally signed
by PULASTYA
PRAMACHALA
PULASTYA
PRAMACHALA Date:
2025.02.12
11:48:16
+0530
(Pulastya Pramachala)
Page 1 of 22 ASJ-03, North-East District,
Karkardooma Courts, Delhi
CNR No. DLNE01-003379-2021
State v. Shamim Ahmad & Anr.
SC No. 343/2021, FIR No. 135/2020, PS Dayalpur
Sessions Case No. : 343/2021
Under Section : 147/148/427/435/436 read with
Section 149 IPC and 188 IPC
Police Station : Dayalpur
FIR No. : 135/2020
CNR No. : DLNE01-003379-2021
In the matter of: -
STATE
VERSUS
1. Shamim Ahmad
S/o. Sh. Abdul Khalid,
R/o. H.No. 82, Street No.8,
A Block, near Dilshad Masjid,
Old Mustafabad, Delhi.
2. Mohd. Kafil @ Kapil
S/o. Sh. Nasruddin,
R/o. H.No.6, H-Block,
Gali No.22, Old Mustafabad,
Delhi-110094.
3. Faizan @ Aayan
(Since declared PO vide order dated 14.07.2022)
S/o. Sh. Mehraj
R/o. H.No. 1/659, Gali No.12,
E Block, Idgah wali gali,
Old Mustafabad, Delhi.
...Accused Persons
Case registered on the Ms. Jyoti Rani
complaint of: Principal, Arun Modern Public
Senior Secondary School, D-1, Main
Brijpuri Road, Delhi-94.
Date of Institution : 13.06.2020
Date of reserving order : 06.02.2025
Date of pronouncement : 12.02.2025
Decision : Both accused are acquitted.
(Section 481 BNSS complied with by both accused.)
(Pulastya Pramachala)
Page 2 of 22 ASJ-03, North-East District,
Karkardooma Courts, Delhi
CNR No. DLNE01-003379-2021
State v. Shamim Ahmad & Anr.
SC No. 343/2021, FIR No. 135/2020, PS Dayalpur
JUDGMENT
THE CASE SET UP BY THE PROSECUTION
1. The above-named accused persons have been charge-sheeted by the police for having committed offences punishable under Section 147/148/149/427/435/436/120B IPC
2. Brief facts of the present case are that, on 25.02.2020, a call was received in PS Dayalpur vide DD no.160A in respect of arson at Arun Modern Public Senior Secondary School, D-1, main Brijpuri road, Delhi. Being assigned this DD, ASI Vijayant reached aforesaid school and found that the school was vandalized and set on fire by the rioters. He also found that other vehicles were also set on fire. However, due to police staff being busy in maintaining law and order, further action could not be taken on this DD entry. Subsequently, a written complaint was made by Principal of this school namely, Ms. Jyoti Rani on 26.02.2020. In her complaint, she alleged that on 25.02.2020 at about 4 p.m., around 150-200 persons forcibly entered into the school. They vandalized various articles of the school as well as various vehicles parked inside the school campus. They set the vehicles on fire apart from various other articles viz. Generator, almirahs, numerous documents. Computer systems, items of chemistry lab, furniture etc. This mob also burnt the computer lab completely. They also burnt the school library. The school suffered a loss of Rs.1-1.25 crores due to such incident.
3. After registration of the case, during investigation various other complaints were received in respect of damage to the vehicles parked in and around this school. Sh. Yogender Singh (Pulastya Pramachala) Page 3 of 22 ASJ-03, North-East District, Karkardooma Courts, Delhi CNR No. DLNE01-003379-2021 State v. Shamim Ahmad & Anr.
SC No. 343/2021, FIR No. 135/2020, PS Dayalpur complained about burning of his Maruti Vitara Brezza no. DL 5C N 4142; Sunil Kumar complained of burning Honda Activa Scooty no. DL 5S CG 8716 and Sh. Gayyur Ali complained of burning Honda Amaze Car no. DL 2C AT 3032 as well as NIOS centre. These vehicles and centre were inside the campus of aforesaid school, which were burnt by the mob.
4. FIR was registered on 05.03.2020 and Insp. Hukum Singh was assigned investigation. Ct. Piyush was one of the constables on duty on aforesaid place, who was examined and he stated that he had identified 3 persons in the mob, which vandalized this school. Those persons were accused Kafil @ Kapil, Mohd. Faizan (since declared PO vide order dated 14.07.2022) and Shamim Ahmad. Subsequently, 3 accused persons were arrested at the instance of Ct. Piyush. IO examined some more witnesses, who also claimed having seen the accused persons in the mob, which vandalized aforesaid school.
5. After completion of investigation, first chargesheet was filed in the court on 13.06.2020 and vide order dared 03.12.2020, ld. CMM, NE took cognizance of offences of section 147/148/149/427/435/436/120B IPC. Subsequently, vide order dared 22.09.2022, the case was committed to the court of sessions. Later on, IO also filed 2 supplementary chargesheets alongwith complaint u/s 195 Cr.PC, Order u/s 144 Cr.PC as well as other documents and statements.
CHARGES
6. On 24.01.2023, charges were framed against accused Shamim Ahmed and Mohd. Kafil @ Kapil for offences punishable under (Pulastya Pramachala) Page 4 of 22 ASJ-03, North-East District, Karkardooma Courts, Delhi CNR No. DLNE01-003379-2021 State v. Shamim Ahmad & Anr.
SC No. 343/2021, FIR No. 135/2020, PS Dayalpur Section 147/148/427/435/436 IPC read with Section 149 IPC and Section 188 IPC, to which they pleaded not guilty and claimed trial. The charges were framed in following terms: -
"That, on 25.02.2020 at around 4.00 p.m., at and around the area of Arun Modern Public Senior Secondary School, D-1, main Brijpuri road, Delhi, within the jurisdiction of PS Dayalpur, you both along with your other associates (unidentified) from Muslim community had formed an unlawful assembly, the common object whereof was to cause maximum damage to the property, vehicles and persons of the area, commit criminal trespass, vandalism, theft, and arson in the shops, houses and other properties of the persons residing in the said area belonging to Hindu community, by the use of force and violence, and in prosecution of the common object of such assembly, and in violation of the Proclamation issued under section 144 Cr.PC by DCP, North East vide order dated 24.02.2020 bearing no.10094-170 X-1, North East, Delhi dt.24.02.2020, which was duly announced in all the localities of District North East including area of PS Dayalpur, you both with other members of the mob forcibly entered into Arun Modern Public Senior Secondary School equipped with different weapons, and indulged into vandalism, riots by causing damged to this property, and thus, you both committed riot, and you both knew being members of the aforesaid unlawful assembly that an offence was likely to be committed in prosecution of that common object and thereby committed offences punishable under section(s) 147/148 IPC read with section 149 IPC and section 188 IPC and within my cognizance.
Secondly, on the aforesaid date, time and place, you both being members of the said unlawful assembly in furtherance of your common object alongwith your associates (unidentified) vandalized and damaged various portions and articles of school having value more than Rs. 50/-, which included Manager Room, Principal office, school office cum store room, fee counter, library, examination room, toilets and urinals, chemistry lab, computer system, Wifi system, CCTV cameras, computer lab, school records of education department (Pulastya Pramachala) Page 5 of 22 ASJ-03, North-East District, Karkardooma Courts, Delhi CNR No. DLNE01-003379-2021 State v. Shamim Ahmad & Anr.
SC No. 343/2021, FIR No. 135/2020, PS Dayalpur and CBSE, school furniture students table, master registers and salary registers, personal service files, laptop, printers, steel almirah, library books almirah, fan, office tables, fire extinguishers, indane gas cylinders, fire alarm and hosepipe, LED TV, wooden Chairs and various other furniture, electrical appliances, other records and miscellaneous articles. You both alongwith other unidentified associates of the mob, also set ablaze some vehicles parked inside and around this school i.e. Maruti Vitara Brezza bearing no. DL 5 C N 4152 belonging to Yogender Singh; Honda Activa Scooty bearing no. DL 5S CG 8716 belonging to Sunil Kumar; and Honda Amaze Car bearing no. DL 2C AT 3032 and NIOS centre belonging to Gayyur Ali. You both alongwith other unidentified associates of the mob also set some parts of the abovesaid school on fire i.e. computer lab, library and as such, you both being members of this unlawful assembly committed offences punishable under Section 427/435/436 IPC read with Section 149 IPC and within my cognizance."
DESCRIPTION OF PROSECUTION EVIDENCE
7. Several witnesses were dropped on the basis of admission of documents under Section 294 Cr.P.C./330 BNSS and prosecution examined 16 witnesses in support of its case, as per following descriptions: -
Sl. No. & Role of witness & Description of Proved Name of documents documents/ Witness case properties PW1/Sh. On 25.02.2020 he was working as Ex.PW1/A Sunil Kumar computer operator in AMP School, (complaint of Brijpuri, Delhi. At about 1.30-1.45 PW1) p.m. he was called back by Principal of his school namely Ms. Jyoti Rani, for some work at afore-said school. At about 2.15 p.m., PW1 went back to afore-said school on his Activa Honda scooty bearing no. DL 5CG 8716 of blue colour. PW1 worked on his computer for about 5-10 minutes.
(Pulastya Pramachala) Page 6 of 22 ASJ-03, North-East District, Karkardooma Courts, Delhi CNR No. DLNE01-003379-2021 State v. Shamim Ahmad & Anr.
SC No. 343/2021, FIR No. 135/2020, PS Dayalpur Sl. No. & Role of witness & Description of Proved Name of documents documents/ Witness case properties Thereafter, PW1 came back to his home from the back gate, as guard of this school namely Bahadur had told him to leave the school immediately. Guard said that some persons were coming from the side of Mustafabad towards Brijpuri, while indulging into vandalism. PW1 had left his scooty in the school.
On 29.02.2020, when PW1 went back to the afore-said school to take his scooty, he saw that his scooty as well as some other vehicles parked in the school viz. School bus, some cars were lying in burnt condition. On 03.03.2020, PW1 visited PS Dayalpur and handed over his written complaint. This scooty was registered in the name of his brother Pradeep Kumar. After about 10-15 days of making aforesaid complaint, Police called PW1 to aforesaid school and Police had prepared a site plan of that place.
PW2/Insp. On 29.03.2020 he along with Ct. Ex.PW2/A Manish Vikas Tomar (photographer) and Ct. (SOC report Kumar Mohit (fingerprint proficient) went prepared by to Arun Public School, Brijpuri road, PW2) Dayalpur. Insp. Hukam Singh met them there. The school premises was inspected. Furniture in the classes and office were lying in burnt condition. On the ground floor of the school, near RO water cooler, 2 Air pistols were lying on the floor. PW2 lifted the same and handed over to IO/Insp. Hukam Singh, who seized those pistols after preparing sketches of the same. Ct. Vikas Tomar took (Pulastya Pramachala) Page 7 of 22 ASJ-03, North-East District, Karkardooma Courts, Delhi CNR No. DLNE01-003379-2021 State v. Shamim Ahmad & Anr.
SC No. 343/2021, FIR No. 135/2020, PS Dayalpur Sl. No. & Role of witness & Description of Proved Name of documents documents/ Witness case properties photographs of this property from different angles. PW2 prepared SOC report and handed over the same to the IO.
PW3/Sh. In the month of February, he had Ex.PW3/A Gayyur Ali been looking after NIOS Centre, (complaint of being run in Arun Modern Public Sr. PW3) Sec. School at Brijpuri. In the morning of 24.02.2020, PW3 had parked Amaze Car bearing no. DL 2C AT 3032 in the campus of AMP School. This car was registered in the name of his wife namely Smt. Afroz Begum. He went back home at 02:00 PM without taking his car.
On 25.02.2020 at about 5-6 p.m., PW3 had received a call from guard namely Bahadur to the effect that some persons had attacked upon the school and he was leaving the school. PW3 visited afore-said school on 26.02.2020 and he found his car alongwith other vehicles within campus of this school, in burnt condition. Even school building was also burnt. NIOS centre of PW3 was also completely burnt, wherein AC, computers, printers, almirahs, documents and books were lying in burnt condition.
On 28.02.2020, PW3 had handed over a complaint to police in PS Dayalpur. Police had come to afore- said school where vehicles were burnt and site plan was prepared at the instance of PW3.
PW4/Smt. She was the land owner of property bearing no. D-1, Usha Main Road, Brijpuri, Delhi. In this property Arun (Pulastya Pramachala) Page 8 of 22 ASJ-03, North-East District, Karkardooma Courts, Delhi CNR No. DLNE01-003379-2021 State v. Shamim Ahmad & Anr.
SC No. 343/2021, FIR No. 135/2020, PS Dayalpur Sl. No. & Role of witness & Description of Proved Name of documents documents/ Witness case properties Sharma Model Senior Secondary Public School was being run by a society. This school was burnt in the riot taken place on 25.02.2020 and she was informed about the same by guard of the school namely Pawan Thapa and other persons.
PW5/Sh. He was working as Security Guard in Arun Public Pawan School. On 25.02.2020, riot had taken place in that area. It was holiday and PW5 was present in the school. At about 03:30 PM, some persons came from the side of main gate and some persons came from the side of mosque on the back side of the school. They burnt three vehicles (one bus of school and two cars), which were standing in the premises of the school. They also set ablaze the school, including the almirah etc. In one room, there were books, which were also set on fire. Desks were left and remaining articles were burnt. PW5 telephonically informed PW4/Smt. Usha Sharma about this incident.
PW6/Sh. On 25.02.2020 at about 03:30-04:00 PM, when they Vishambher were going to Bank Colony, ahead of Mandoli Nath Tiwari Chungi, they saw a mob of around 100-200 persons at and Arun Public School. Those persons were pelting PW7/Neeraj stones and were trying to break the gate of that Sharma school. The persons in that mob were carrying lathi, danda, sword etc. and they were raising slogan of 'Allah-hu-Akbar' etc. Due to fear, PW6 and PW7 went away from that place. During presence of PW6 and PW7 at that place, the said mob had broken the gate of aforesaid school and they were entering the school.
PW6 and PW7 did not support the case of prosecution on the point of identification of accused persons and they were declared hostile.
PW8/HC On 21.04.2020 he had collected 4 Ex.PW8/A Deepak sealed plastic jars from MHC(M). (OSR) & MHC(M) also handed over a Ex.PW8/B forwarding letter and R/C to PW8. (OSR) (true PW8 deposited the same in FSL photocopy of (Pulastya Pramachala) Page 9 of 22 ASJ-03, North-East District, Karkardooma Courts, Delhi CNR No. DLNE01-003379-2021 State v. Shamim Ahmad & Anr.
SC No. 343/2021, FIR No. 135/2020, PS Dayalpur Sl. No. & Role of witness & Description of Proved Name of documents documents/ Witness case properties Rohini. He was handed over a copy R/C No. of R/C with case acceptance 48/21/20 and acknowledgment. PW8 identified his case signature at circle X on R/C No. acceptance 48/21/20 and on case acceptance acknowledg- acknowledgment, in register no.21. ment ) PW8 deposited the copy of R/C and acknowledgement with MHC(M).
The aforesaid sealed jars were not tampered with during the period they remained in possession of PW8.
PW9/HC On 21.04.2020 he had collected one Ex.PW9/A Umesh sealed parcel, forwarding letter and (OSR) & R/C from MHC(M). PW9 deposited Ex.PW9/B the same in FSL Rohini. He was (OSR) (true handed over a copy of R/C with photocopy of receiving letter. PW9 identified his R/C No. signature at circle X on R/C No. 47/21/20 and 47/21/20 and on receiving letter in receiving letter register no.21. PW9 deposited the in register no. copy of R/C and receiving letter with 21 ) MHC(M). The aforesaid sealed parcel was not tampered with during the period the same remained in possession of PW9.
PW10/Sh. He was son of PW4 and he was Ex.PW10/A Arun working as Manager in Arun Model (certificate of Sharma Public Sr. Secondary School, PW10 in Brijpuri, Delhi. On 25.02.2020, this respect of school was burnt and vandalised in Photographs); the riot. On this day at about 4-5 PM, he was outside his home and Ex.PW10/P1 PW4 informed him telephonically to Ex.PW10/P5 that the school was set on fire. PW10 made call at 100 number for about 4-(photographs 5 times. showing the picture of On 29.02.2020, PW10 visited afore- school.
said school and took photographs of the burnt portion of the school, (Pulastya Pramachala) Page 10 of 22 ASJ-03, North-East District, Karkardooma Courts, Delhi CNR No. DLNE01-003379-2021 State v. Shamim Ahmad & Anr.
SC No. 343/2021, FIR No. 135/2020, PS Dayalpur Sl. No. & Role of witness & Description of Proved Name of documents documents/ Witness case properties through his mobile phone make Samsung S-10 Plus. PW10 had taken print of these photographs from a shop in Mustafabad and he had handed over those prints to the police. PW10 had also handed over the photographs taken by him and video of incident at the school, in a pendrive to the police in PS Dayalpur. PW10 gave certificate in this respect. PW10 had given a list of damage caused to the school i.e. Ex.A-13.
PW11/Sh. He was working as Sr. Scientific Ex.PW11/A Yogesh Officer (Chemistry), FSL Rohini, (Report of Chandra Delhi. On 26.05.2020, he had PW11); Pandey checked the presence of inflammable material in the exhibits received on Ex.PW11/ 05.05.2020, in four sealed plastic Article-1 jars, in this case. PW11 used Gas (quarter bottle Chromatography instrument for the of 'DENNIS purpose of aforesaid examination. SPECIAL After examination, PW11 had WHISKEY'); prepared his report on 28.08.2020. Ex.PW11/ As per his finding, exhibit 1, 2, 3 & Article-2 (one 4 were found containing residue of plastic box); kerosene. After examination Ex.PW11/ remnants of the exhibits had been Article-3 (one sealed with his seal of 'YCP FSL another plastic DELHI', in 4 separate parcels. box); and PW11 identified the exhibits, which were taken out from separate sealed Ex.PW11/ parcels having endorsement of Article-4 Parcel-1 to Parcel-4, respectively. (broken liquor bottle of white and blue brand with other broken pieces of bottle including cap (Pulastya Pramachala) Page 11 of 22 ASJ-03, North-East District, Karkardooma Courts, Delhi CNR No. DLNE01-003379-2021 State v. Shamim Ahmad & Anr.
SC No. 343/2021, FIR No. 135/2020, PS Dayalpur Sl. No. & Role of witness & Description of Proved Name of documents documents/ Witness case properties with cloth stains) PW12/HC On 24.02.2020 at about 7 AM, he Ex.PW12/C Piyush was present at Brijpuri T-point. On (seizure memo receipt of telephonic call from of mobile Munshi, PW12 announced order u/s. phone, 144 Cr.P.C. in the area of PS through recovered loud hailer. from accused Mohd. Kafil) On 25.02.2020 at about 2 PM, PW12 was present at Brijpuri Pulia alongwith HC Naresh, HC Ashok, HC Satpal, Ct. Vineet, Ct. Deepak and Ct. Rohit. About 250-300 persons were sitting at Brijpuri Pulia and were raising slogans to take back CAA. This mob was joined by some more persons who came from the side of Mustafabad and this mob became aggressive. This mob started vandalizing the nearby properties and vehicles. They were also pelting stone on police team as well as on the property. PW12 and other team members tried to pacify them but they did not relent. They entered into Arun Modern School. They damaged the articles in that school and also set fire in the articles inside the school building. After sometime outer force reached there and they tried to control the situation. By 7 PM the situation could be controlled. PW12 had seen some persons who were in front of this mob and who were raising slogans.
On 07.03.2020, PW12 was standing at Brijpuri T-point. At 10 AM IO/Insp. Hukum Singh came there and took PW12 to Arun Modern (Pulastya Pramachala) Page 12 of 22 ASJ-03, North-East District, Karkardooma Courts, Delhi CNR No. DLNE01-003379-2021 State v. Shamim Ahmad & Anr.
SC No. 343/2021, FIR No. 135/2020, PS Dayalpur Sl. No. & Role of witness & Description of Proved Name of documents documents/ Witness case properties School. IO inspected that school and prepared a site plan. PW12 informed IO that he had come to know about some names of the rioters and PW12 told him the names of Salman, Sayeed, Ikbal, Shamim, Kafil, Faizan and some more names.
On 16.03.2020, PW12 accompanied IO to Brijpuri T-point. On that day, on the pointing out of one secret informer, they overpowered three persons, who were standing in front of D Block, Aggarwal Sweet on main Brijpuri road. Secret informed had informed them that these three persons were involved in the incident at Arun Modern School and nearby properties. When PW12 saw them closely, he identified them to be involved in the incident at Arun Modern School and he recalled that he had seen them at that time in the mob. IO interrogated them in the PS in the presence of PW12. IO also conducted their search. They introduced themselves as you accused Shamim and Kafil. In the mobile phone of accused Kafil there were some photographs of protest and audio recording. IO kept mobile phone of accused Kafil in transparent plastic box and sealed it with the seal of 'HS'. Thereafter, IO formally arrested and personally searched both accused persons vide arrest and personal search memo.
Arrest and personal search memo of co-accused Mohd. Kafil are Ex.A7 and Ex.A5 (admitted documents) respectively. Arrest and personal (Pulastya Pramachala) Page 13 of 22 ASJ-03, North-East District, Karkardooma Courts, Delhi CNR No. DLNE01-003379-2021 State v. Shamim Ahmad & Anr.
SC No. 343/2021, FIR No. 135/2020, PS Dayalpur Sl. No. & Role of witness & Description of Proved Name of documents documents/ Witness case properties search memo of accused Shamim Ahmed are Ex.A8 and Ex.A6 (admitted documents) respectively. IO also seized aforesaid mobile phone vide seizure memo.
PW12 correctly identified accused Shamim and Kafil before the court. The aforesaid mob was carrying Lathi, Danda, Iron rod, petrol bomb etc. PW12 had seen accused in the mob which was indulging into vandalism and arson outside as well as inside Arun Modern School.
PW13 HC On 17.03.2020 he accompanied Ex.PW13/A Manoj IO/Insp. Hukam Singh, Ct. Deepak, (pointing out Ct. Satbir to PS Gokalpuri. PW13 memo) was witness to pointing out memo.
PW13 identified accused persons. PW14/SI In the first week of August 2023, he was assigned Rocky further investigation of this case. On 04.08.2023, HC Katingal Rahul handed over 4 sealed envelopes to him, which pertained to this case. These were mirror images of footages from DVRs seized in FIR No.134/20 of same PS. He had brought these envelopes from FSL Rohini. He also handed over one covering letter with one certificate u/s 65B of IE Act. PW14 recorded his statement on same day. PW14 also obtained copy of authority letter from malkhana, in favour of HC Rahul.
On 08.09.2023, PW14 obtained copy of R/C and case acceptance acknowledgment alongwith FSL report, related to a DVR sent by Crime branch in FIR No. 134/20 of PS Dayalpur, from Insp. Pankaj Thakran. PW14 recorded his statement also. On 10.09.2023, PW14 prepared supplementary charge-sheet in this case and filed the same in the court on 11.09.2023 alongwith 4 sealed envelopes and (Pulastya Pramachala) Page 14 of 22 ASJ-03, North-East District, Karkardooma Courts, Delhi CNR No. DLNE01-003379-2021 State v. Shamim Ahmad & Anr.
SC No. 343/2021, FIR No. 135/2020, PS Dayalpur Sl. No. & Role of witness & Description of Proved Name of documents documents/ Witness case properties documents.
PW15/SI On 01.11.2022, he had received file of this case from Rajiv MHC(R) for further investigation. On the same day, PW15 visited Arun Model Public School and recorded statement of Vice Principal of this school namely Arun Kumar Sharma. One Sunil Kumar was working in the office of this school. He had furnished photograph of this school in the past, which was already filed with main chargesheet. PW15 obtained certificate u/s. 65-B of I.E. Act from Mr. Sunil Kumar on 01.11.2022. Thereafter, PW15 came back to PS and on same day, he recorded statement of Ct. Piyush and Ct. Pawan in respect of announcement of order u/s 144 Cr.P.C. On 18.11.2022, PW15 filed second supplementary chargesheet in this case alongwith aforesaid materials.
PW16/Insp. On 05.03.2020 was handed over FIR Ex.PW16/A Hukum and complaint in this case for (seizure memo Singh investigation. Prior to this day, of exhibits Crime branch had already called lifted from the crime team at Arun Public school place in front and several exhibits were lifted from of Arun Public that school and surrounding areas, School); which were already lying in the PS. Ex.PW16/B On 05.03.2020, PW16 obtained 4 (seizure memo exhibits, which were lifted from the of two air place in front of Arun Public School, pistols which in the PS and seized them in this were found case, vide a seizure memo. These lying beneath exhibits were deposited in the a cooler in the malkhana. passage (varandah) of On 14.03.2020, PW16 received 3 that school); complaints from Reader to SHO, which were made by Yogender Ex.PW16/C Singh, Gayyur Ali and Sunil. PW16 and clubbed those complaints in this Ex.PW16/D case. PW16 deposed on the lines of (seizure memo PW12/Ct. Piyush in respect of of both air (Pulastya Pramachala) Page 15 of 22 ASJ-03, North-East District, Karkardooma Courts, Delhi CNR No. DLNE01-003379-2021 State v. Shamim Ahmad & Anr.
SC No. 343/2021, FIR No. 135/2020, PS Dayalpur Sl. No. & Role of witness & Description of Proved Name of documents documents/ Witness case properties Ex.A7, Ex.A5, Ex.A8, Ex.A6 and pistols); Ex.PW12/C. Ex.PW16/E On 25.03.2020 PW16 visited Arun (seizure memo Public School. Complainant of document Yogender Singh, Sunil Kumar and from Usha Gayyur Ali, were called before him Sharma); & in that school and PW16 recorded their further statement after making Ex.PW16/F enquiry from them, in respect of (site plan their complaints. dated 07.03.2020) On 29.03.2020, SHO informed PW16 about receiving information that 2 weapons were lying in Arun Public School. PW16 alongwith Ct. Ranveer reached Arun Public School. Crime team was called there. SI Manish and Ct. Vikas came there and they inspected the school.
Photographs were also taken. Two air pistols were found lying beneath a cooler in the passage (varandah) of that school. PW16 prepared sketch of these air pistols and prepared separate pullandas of the same.
PW16 seized them vide a seizure memo. PW16 identified his signature at circle X on both sketches. PW16 deposited both these pullandas in the malkhana.
On 25.05.2020, PW16 again visited aforesaid school, he met Principal namely Jyoti Rani and he recorded her statement. She submitted certain documents related to damage incurred by school.
On 08.06.2020, PW16 again visited this school and recorded statement of owner namely Usha Sharma. PW16 (Pulastya Pramachala) Page 16 of 22 ASJ-03, North-East District, Karkardooma Courts, Delhi CNR No. DLNE01-003379-2021 State v. Shamim Ahmad & Anr.
SC No. 343/2021, FIR No. 135/2020, PS Dayalpur Sl. No. & Role of witness & Description of Proved Name of documents documents/ Witness case properties also recorded statement of watchman namely Pawan Kumar Thapa. Usha Sharma had submitted documents related to ownership and affiliation of the school.
PW16 directed HC Ashok/MHC(M), to deposit the exhibits in this case in FSL Rohini. PW16 prepared chargesheet against accused persons and filed the same on 12/13.06.2020. Thereafter, PW16 placed copy of order dated 24.02.2020 passed u/s. 144 Cr.P.C. in the file. Result from FSL was also received. PW16 obtained complaint u/s. 195 Cr.P.C. from DCP (NE), in respect of offence u/s. 188 IPC. PW16 also placed PCR forms on the record.
On 15.09.2020, PW16 again visited Arun Public School. PW16 recorded statement of Arun Sharma, Abhishek Sharma and Usha Sharma, on this day. PW16 obtained report of verification in respect of one bus, two cars and one scooty, which were burnt in this incident.
On 17.02.2021, PW16 recorded statement of Bishamber Nath Tiwari and Neeraj Sharma. Thereafter 1st supplementary chargesheet was prepared and same was filed in the court on 07.12.2021. The seizure memo in respect of seizure of documents from Usha Sharma. Site plan was prepared on 07.03.2020.
PW16 correctly identified accused Shamim and Kafil before the court. Admitted documents under Section 294 Cr.P.C./330 BNSS (Pulastya Pramachala) Page 17 of 22 ASJ-03, North-East District, Karkardooma Courts, Delhi CNR No. DLNE01-003379-2021 State v. Shamim Ahmad & Anr.
SC No. 343/2021, FIR No. 135/2020, PS Dayalpur Sl. No. & Role of witness & Description of Proved Name of documents documents/ Witness case properties FIR as Ex.A-1; certificate u/s 65B of I.E. Act as Ex.A-2; endorsement on rukka as Ex.A-3; PCR form as Ex.A-4 (colly 2 pages); personal search memo of Mohd. Kafil @ Kapil and Shamim Ahmad as Ex.A-5 & Ex.A-6; arrest memo of accused Mohd. Kafil @ Kapil and Shamim Ahmad as Ex.A-7 & Ex.A-8; prohibitory order u/s 144 Cr.P.C. as Ex.A-9; complaint u/s 195 Cr.PC as Ex.A-10; complaint of PW Jyoti Rani as Ex.A-11; seizure memo of two pistols as Ex. A-12; list of damages in the school as Ex. A-13; complaint of Yogender Singh as Ex.A-14; FSL report as Ex.A-15; PCR form as Ex.A-16 (colly 12 pages) and endorsement on rukka as Ex.A-17.
PLEA OF ACCUSED PERSONS U/S. 351 BNSS
8. Both the accused persons denied all the allegations and pleaded innocence, taking plea that they have been falsely implicated in this case only to work out the present case. They also took plea that they have nothing to do with the commission of alleged offences and witnesses have falsely deposed against them. Accused persons did not opt to lead any evidence in their defence. ARGUMENTS OF PROSECUTION & DEFENCE
9. I heard ld. Special PP and ld. counsel for accused persons. I have perused the entire material on the record.
10. Sh. Parveen Yadav, ld. LAC for accused Mohd. Kafil @ Kapil argued that PW12 did not even inform IO or any other officer about having seen the rioters at Arun Model Public School. It was further argued that no other police official on duty was produced, who could have seen the incident. PW12 was outside the school, hence, he did not see the incident.
11. Sh. Nadeem Khan, ld. Counsel for accused Shamim Ahmed argued that the whole story is based on circumstantial evidence (Pulastya Pramachala) Page 18 of 22 ASJ-03, North-East District, Karkardooma Courts, Delhi CNR No. DLNE01-003379-2021 State v. Shamim Ahmad & Anr.
SC No. 343/2021, FIR No. 135/2020, PS Dayalpur and except PW5 and PW6, no other independent witness was produced. It was further argued that nothing was recovered from this accused. It was further argued that no video or CCTV footage was proved on the record.
12. Per contra, Sh. D.K. Bhatia, ld. Special PP for State along with his Associate Sh. Arpit Jain, Adv., argued that PW6, PW7 and PW12 were eyewitnesses. PW6 and PW7 turned hostile, however, PW12/HC Piyush supported the case to establish the identity of accused persons.
APPRECIATION OF FACTS AND EVIDENCE UNLAWFUL ASSEMBLY & RIOTS
13. Testimonies of PW1, PW5, PW6, PW7 and PW12 refer to a mob of around 100-200 persons, being equipped with danda, lathi, sword etc., attacking on the aforesaid school. As per their testimonies, this mob broke open the gate of this school and entered into the same. They indulged into vandalism and also set fire in the vehicles parked inside the school. They also set fire in the rooms of this school. PW10 deposed that he was telephonically given this information by PW4 that rioters had set this school on fire and he made a call to police at 100 number. Said PCR form being part of Ex. A-16 is also placed on the record. PW 10 also took photographs of the burnt portions of the school, which are Ex. PW10/P1 to P5. PW10 had furnished a list of damage caused to school i.e. Ex A-13. PW1 and PW3 also deposed that their scooty and car respectively were burnt in this incident. PW5 deposed that 3 vehicles were burnt inside the school.
(Pulastya Pramachala) Page 19 of 22 ASJ-03, North-East District, Karkardooma Courts, Delhi CNR No. DLNE01-003379-2021 State v. Shamim Ahmad & Anr.
SC No. 343/2021, FIR No. 135/2020, PS Dayalpur
14. Evidence of aforesaid witnesses, is supported by testimony of PW2 and IO/PW16, who also found this school in vandalized and burnt condition. IO had sent the exhibits collected from this school to FSL, Rohini. PW11 was expert in FSL, who examined the exhibits and confirmed presence of Kerosene oil in the same. Thus, overall appreciation of aforesaid evidence leaves no doubt that an unlawful assembly indulged into vandalism and arson in this school on 25.02.2020 during evening time. IDENTIFICATION OF ACCUSED PERSONS
15. However, it has to be ascertained if both the accused herein were part of aforesaid mob. Prosecution relied upon 3 witnesses, citing them as eye witness of this incident. PW6 and PW7 were the public persons, who according to IO identified three persons as part of aforesaid rioters. These two witnesses, though deposed that they had seen this incident and had also seen face of 2-3 persons, but according to them both accused herein were not those persons. They denied the suggestion of ld. prosecutor that they had identified same accused before police. PW7 rather took stand that due to lapse of time, he was not in position to identify anyone. Thus, these two witnesses did not support the prosecution, to establish presence of both accused herein among the rioters, who took part in the incident at this school.
16. PW12 was the police official, who deposed that he was on duty at the same place near this school, at the time of this incident. He deposed that he had seen the persons leading this mob, and subsequently through secret informer, he came to know about name of some of those persons. On 07.03.2020, he informed IO (Pulastya Pramachala) Page 20 of 22 ASJ-03, North-East District, Karkardooma Courts, Delhi CNR No. DLNE01-003379-2021 State v. Shamim Ahmad & Anr.
SC No. 343/2021, FIR No. 135/2020, PS Dayalpur about name of those persons, who recorded his statement on that day. On 16.03.2020, again on the pointing out of secret informer, he alongwith IO apprehended 3 persons and then on seeing them closely, he found that those persons were involved in the incident at this school. Both accused were identified by him as two of those three apprehended persons.
17. It is worth to mention here that in his cross examination by defence counsel, PW12 deposed that he informed SHO on same night that he could identify some of the rioters. He further deposed that he had come to know about name of accused persons by 28.02.2020, which were informed to IO. But he did not make any DD entry regarding getting such information. He further deposed that he had informed SHO about those names during briefing taken place in the police station on 28.02.2020. However, he came to know about registration of this case for the first time on 07.03.2020.
18. This case was registered on 05.03.2020, on the basis of complaint dt. 26.02.2020. According to IO, he took up investigation of this case on 05.03.2020. However, if PW12 had identified faces of some rioters and if he could also find out their names by 28.02.2020, then it becomes a matter of anxiety as to why this complaint was still kept pending by SHO till 05.03.2020. That too when PW12 also informed SHO that PW12 had also gathered information of names of some of the rioters. This scenario is not explained by the prosecution at all.
19. Moreover, if PW12 is to be believed, then right from the time of registration of this case, names of some of the involved persons (Pulastya Pramachala) Page 21 of 22 ASJ-03, North-East District, Karkardooma Courts, Delhi CNR No. DLNE01-003379-2021 State v. Shamim Ahmad & Anr.
SC No. 343/2021, FIR No. 135/2020, PS Dayalpur were within knowledge of police and in that case, there was no good reason for IO for not being able to record such statement of PW12 on 05.03.2020 itself. PW12 was working in the same police station. As per normal practice, every day briefing of SHO takes place in the police station, which is attended by all the officials on duty. Hence, such an important information if given to SHO during briefing, could not have been beyond reach of IO. All these gaps appearing in the case of prosecution, thus, create a serious dent in the credibility of case and evidence of prosecution. In such circumstances, I find that presence of both accused persons among the rioters during incident in the school in question, is not established beyond doubts.
CONCLUSION & DECISION
20. In view of my foregoing discussions, observations and findings, I find that charges levelled against both accused persons namely Shamim Ahmed and Mohd. Kafil @ Kapil, are not proved beyond reasonable doubts. Hence, both accused persons are given benefit of doubt and they are acquitted of the charges, in the case.
Digitally signed by PULASTYAPULASTYA PRAMACHALA PRAMACHALA Date: 2025.02.12 11:48:31 +0530 Announced in the open court (PULASTYA PRAMACHALA) today on 12.02.2025 ASJ-03 (North- East) (This order contains 22 pages) Karkardooma Courts/Delhi (Pulastya Pramachala) Page 22 of 22 ASJ-03, North-East District, Karkardooma Courts, Delhi