New Delhi [India], November 4 (ANI): New Delhi's Karkardooma Court sentenced six individuals to imprisonment ranging from six months to three years in connection with rioting, arson and violation of orders passed by a public servant during the Northeast Delhi riots of February 2020. Each convict has also been fined Rs 61,000.
This case pertains to an FIR lodged in Police Station Khajuri Khas during the North East Riots in February 2020. The articles from the shop of Vakeel Ahmed were taken out and burnt by the rioters in the Sadat Pur area under the Khajuri Khas Police Station.
Additional Sessions Judge (ASJ) Parveen Singh sentenced Hari Om Gupta, Gorakh Nath, Bhim Sain, Kapil Pandey, Rohit Gautam and Basant Kumar under sections 188, 147, 148, 435 and 450 of the Indian Penal Code (IPC).
ASJ Parveen Singh said, " The fact that all the convicts prior to the riots of 2020, had no criminal antecedents and after the riots of 2020 had no further criminal involvements in any kind of case leads me to believe that there are chances that convicts can be reformed and thus, I am of the considered opinion that this is not a case of maximum punishment as demanded by the State."   
While sentencing the Convicts, the court rejected the plea for leniency. The court said that, as observed earlier, in crimes such as the present one, the court has to be conscious of the fact that the punishment is not so lenient that it erodes the deterrent effect.
"Hence, I find that no case of merely imposing a fine as a punishment to the convicts, as prayed for by the convicts, is made out," ASJ Parveen Singh said in the judgment of October 31.
On September 11, the Court had convicted six persons for rioting, damaging property by burning the article taken out of a shop in the Sadatpur area during the North East Delhi riots in February 2020. The FIR was registered at the Police Station Khajuri Khas on the Complaint of the Shop owner Wakeel Ahmed.
The Court had convicted accused Gorakh Nath, Bhim Sain, Hari Om Gupta, Kapil Pandey, Rohit Gautam, and Basant Kumar after considering the testimony of eyewitness head constable Sandeep and other evidence against them. The complainant, Mohd Wakeel, stated that he had suffered a loss of approximately Rs 1.50 lakhs. Thus, this mischief is covered within the definition of section 435 IPC, the court said.
"However, there is no evidence that this mischief was done with the intent to cause destruction to the building wherein the shop of the complainant was situated. Hence, I find that there is no sufficient evidence to convict the accused under section 436 read with section 149 IPC," ASJ Singh had held.
On February 25, 2020, the rioters burnt all the articles of the shop and he suffered losses of around 1.5 lacs. On this complaint, a case was registered and an investigation was carried out.
Prosecution witness Sangeeta and HC Sandeep, after viewing a video, identified six persons as those involved in the incident at Wakeel's shop. (ANI)
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