2020 Delhi riots: Court holds 6 guilty for rioting, unlawful assembly

New Delhi: A Delhi court has convicted six men in a February 2020 riots case after holding that the offences were proved by the prosecution "beyond reasonable doubt".

Additional Sessions Judge Praveen Singh said the prosecution had proved its case, noting the accused on February 25, 2020, at around 11-11.30 pm, being part of a mob comprising between 100 and 150 persons broke open a shop's entrance, ransacked it and set the articles, and the store on fire.

"This assembly was armed with lathis and dandas, etc., which, if used by the mob, could have been deadly weapons, and thus, this assembly had committed the offence of rioting while being armed with deadly weapons," the court said.

The complainant, who was the shop owner, was said to have suffered losses of about Rs 1.5 lakh.

According to the prosecution, Hariom Gupta, Basant Kumar Mishra, Gorakh Nath, Rohit Gautam, Kapil Pandey and Bheem Sain, were part of a mob that committed the crime.

The September 11 order noted that despite the cross-examination, the defence was unable to shake the testimony of a crucial eyewitness, namely, head constable Sandeep.

The court said the common object of the unlawful assembly was to carry out riots, arson and mischief.

He said the assembly unlawful assembly committed an act of riot when this it broke open the shop and set its articles on fire.

The court, therefore, said the offence was under the ambit of IPC Section 435 (mischief by fire or explosive substance to cause loss of Rs 100 or more).

The order, therefore, acquitted them of the offence of causing mischief by fire or explosive substance with intent to destroy a house under Section 436 of IPC but convicted them for the rest of the crimes.

The arguments on sentencing will be heard on September 19.