New Delhi, Sep 27 (UNI) A Delhi court has acquitted all 15 accused in the 2012 Jama Masjid riot case, observing that the prosecution failed to prove its case beyond reasonable doubt.
Additional Sessions Judge Virender Kumar Kharta of Tis Hazari Courts pronounced the acquittal of Imran alias Dagda, Bilal, Mohd. Shamim, Naeemuddin, Tohid Ahmed, Abdul Zahid, Shahid alias Kamil, Ziauddin alias Murgewala, Arshad, Abdul Wahid, Mohd. Imran alias Rizwan, Salman alias Rajan, Mohd. Arif, Nadeem alias Kuppa, Mohd. Iqrar and Mohd. Irshad.
According to the prosecution, on the intervening night of July 21-22, 2012, a mob allegedly attacked a police booth near Jagat Cinema, Jama Masjid, setting it ablaze and damaging vehicles. Police had registered FIR 58/2012 under charges of rioting, obstructing public servants, damaging public property, theft, and mischief by fire. Irshad was also charged separately under Section 174A IPC for non-appearance following a proclamation.
The court found serious inconsistencies in the testimonies of key prosecution witnesses HC Raj Kumar, Ct. Rajesh and Retd. ASI Taushif Khan. It also noted the absence of independent eyewitnesses, non-collection of CCTV footage, and lack of recovery of stolen property or weapons.
Judge Kharta observed that the testimonies were not “clear, cogent, credible and trustworthy” and could not form the basis for conviction. Stressing the principle that the benefit of doubt must go to the accused, the court held that the prosecution failed to establish guilt beyond a reasonable doubt.
The defence counsels, Pradeep Anand, Rajendra Prasad (amicus curiae), Prakash Priyadarshi and Saleem Ahmad, argued that the accused were falsely implicated, pointing out that despite the presence of several police officials and CCTV cameras, no independent witness identified the accused. They highlighted contradictions in prosecution statements and the absence of medical evidence of injuries to police personnel.
One of the counsels argued that the police, being clueless about the real culprits, had later falsely implicated the accused to show progress in the case.
The case had been pending for more than 13 years, during which time the accused remained on trial for serious charges, including rioting, arson, and theft of Rs 7.5 lakh. With the court finding the evidence unreliable, all the accused were acquitted of every charge.
