NEW DELHI: A Delhi court has convicted two persons for rioting and arson in Khajuri Khas in February 2020, saying the prosecution proved the charges against them beyond any reasonable doubt. The court convicted Mithhan Singh and Jony Kumar, who were part of a riotous mob that set ablaze the shop of the complainant Aamir Hussain on February 25 that year.
“I find that the prosecution has proved beyond reasonable doubts that both the accused persons were members of unlawful assembly, which in defiance to the proclamation made under Section 144 of the CrPC, indulged into riot, vandalism and set ablaze shop of prosecution witness 9 (Hussain),” Additional Sessions Judge Pulastya Pramachala said in a judgment passed on Tuesday.
The judge convicted the duo for offences under IPC sections 147 (rioting ) 148 (rioting, armed with a deadly weapon), 427 (punishment for committing mischief), 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) and 188 (disobedience to order duly promulgated by public servant).
The judge posted the matter for filing of affidavits on April 11, following which arguments on sentencing will be heard.
ASJ Pramachala noted that none of the public witnesses or residents of the lane, including Hussain, supported the prosecution’s case to identify the accused as members of the riotous mob and all of them took the plea that as they did not see the rioters, they could not identify the accused.