A Delhi court has framed charges of rioting, arson and property damage against two men for allegedly setting a shrine on fire, vandalising and looting houses and shops during the riots last year. As per the chargesheet, while accused Gaurav allegedly put a shrine on fire with a petrol bomb in Delhi’s Bhajanpura area, accused Prashant Malhotra looted and vandalised shops, houses, and vehicles in the same area on February 24, 2020.
Additional Sessions Judge Vinod Yadav framed charges under requisite sections against the two accused and explained it to them in vernacular, in the presence of their lawyers. The accused pleaded not guilty and claimed trial in the case.
According to the police, both the accused were part of a riotous mob. Their call data record (CDR) location has also been found to be at the Bhajanpura intersection and in nearby areas where the alleged incident took place. The case was registered on the complaint of an assistant sub inspector and the two were arrested on April 3, 2020.
They were, however, released on bail by the court ten days later, according to the final report. They have been charged under IPC sections 147 (rioting), 148 (rioting, armed with deadly weapon), 149 (member of unlawful assembly guilty of offence committed in prosecution of common object), 427 (mischief causing damage to the amount of fifty rupees), 435 (mischief by fire).
Charges have also been framed under IPC sections 436 (mischief by fire or explosive substance), 392 (robbery), 188 (disobedience to order duly promulgated by public servant), 34 (common intention) and sections of the Prevention of Damage to Public Property (PDPP) Act. Under the Code of Criminal Procedure (CrPC), an accused should be informed of the offence under which he is charged.
The basic purpose of the charge is to let them know of the offence that they are charged with so that they can prepare their defence. Communal clashes had broken out in northeast Delhi in February 2020, after violence between the Citizenship (Amendment) Act supporters and its protesters spiralled out of control, leaving at least 53 people dead and over 700 injured.
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