NEW DELHI, Sept 9: A Delhi court has discharged five accused in a case related to the 2020 northeast Delhi riots in which they were accused of having vandalised a motorcycle showroom and set two-wheelers on fire.
The court, however, said they will face trial for rioting.
Noting that the alleged act of the accused did not attract Section 436 of the IPC, which was the only offence triable by a sessions court, Additional Sessions Judge Pulastya Pramachala transferred the case back to the magisterial court concerned.
The section deals with the offence of mischief by fire or explosive substance with intent to destroy a house, etc. It is punishable with imprisonment for life or with imprisonment of either description for a term which may extend to 10 years, and shall also be liable to fine.
The court was hearing a case where the accused had allegedly taken out several two-wheelers from a motorcycle showroom, and set them on fire on February 25, 2020.
Later, the accused allegedly looted all the electronic and electrical items and also destroyed the office furniture, the prosecution said.
“I have perused the record. From the complaint of Mohd. Mairaj (the owner of the showroom) as well as photographs related to his showroom, there remains no doubt that his aforesaid bike showroom was not set on fire, rather the articles belonging to him were set on fire in front of his showroom,” the judge said in an order dated September 8.
“This alleged act would invoke Section 435 (Mischief by fire or explosive substance with intent to cause damage to the amount of Rs one hundred, or upwards) of the IPC, rather than Section 436 of the IPC,” the judge added.
The judge said in view of above-mentioned observations, all accused are hereby discharged for offence punishable under Section 436 of the IPC in this case and since the other alleged offences are triable by Metropolitan Magistrate, therefore, the case is remanded back to Chief Metropolitan Magistrate (CMM) to proceed further in accordance with law.
Earlier, Bhajanpura police station had registered an FIR against five accused Irshad, Ujer, Tasin, Gulfam and Sameer Saifi under various provisions of the IPC, including rioting, theft in dwelling house, house breaking by night, causing disappearance of evidence of offence and disobedience to order duly promulgated by public servant. (PTI)
