Police pulled up for not filing correct report in 2020 Delhi riots case
The judge said there was no other witness to identify accused Naresh and it was “inexplicable” how the incriminating video, after being sent to the CFSL, was found inaccessible.
Published: 23rd April 2023 08:51 AM | Last Updated: 23rd April 2023 09:09 AM | A+A A-
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NEW DELHI: A Delhi Court has directed the deputy commissioner of police (DCP) concerned to ‘take immediate remedial action’ regarding an unverified, incriminating video against an accused in relation with a case of arson in a case related to the 2020 northeast Delhi riots.
Additional Sessions Judge Amitabh Rawat was hearing the matter fixed for orders on the point of charge against four people -- Rahul Kumar, Suraj, Yogender Singh and Naresh -- who have been accused of being a part of a riotous mob that committed arson in a place of worship and some shops on its ground floor on February 25, 2020.
The judge took note of the fact that there was a public witness who had identified Kumar, while there was CCTV footage regarding Suraj and Yogender. Besides, there was a video against Naresh, who has been accused of committing arson and raising a flag atop the place of worship.
However, when the video was sent to the Central Forensic Science Laboratory (CFSL), the report was received saying that the DVD was found inaccessible in the video analyst’s system and hence, no examination was carried out. The FSL report was filed by way of a supplementary charge sheet,”
the judge said in an order passed last week.
The judge said there was no other witness to identify accused Naresh and it was “inexplicable” how the incriminating video, after being sent to the CFSL, was found inaccessible.
Noting that the court has to frame charges on the basis of the evidence available, he said it is “difficult” for the court to frame charges against Naresh based on an “unverified DVD”.
“But yet at the same time, if the video exists and it is verified by the FSL, it can inculpate the accused and thus, discharging him at this stage without the FSL report will hurt the conscience of this court, particularly, given the nature of the case of burning of a religious place. Moreover, the origin of the video is not disclosed,” the judge said.
“In these circumstances, this court is of the opinion that the DCP concerned should take immediate remedial action,” he added. The matter has been posted to June 7 for further proceedings.
