The Delhi High Court has upheld the conviction and seven-year prison sentences of five men for the death of 22-year-old Mohsin during the February 2020 communal riots in northeast Delhi.
Justice Madhu Jain dismissed appeals filed by Aman Kashyap, Devinder Kumar, Pradeep Rai, Ashish and Arun Kumar, holding that eyewitness testimony established their involvement in the armed mob that attacked Mohsin.
In its judgment delivered on October 27, the court rejected the defence argument that the five men should be acquitted because the prosecution had not identified who inflicted the fatal head injury.
A beat constable, examined as prosecution witness PW-10, identified all five men at the front of the mob and testified that they were urging others to assault Mohsin. The court said the evidence established more than their mere presence in a crowd.
The court noted that Mohsin was chased, surrounded and assaulted even after he fell near police barricades. It held that the conduct of the accused, the weapons carried by members of the mob and the continued assault established a common unlawful objective to attack him and cause bodily harm.
The five men had argued that independent witnesses did not support the prosecution’s account and that the charges had not been proved beyond reasonable doubt. The court rejected their appeals.
Mohsin Was Attacked During February 2020 Riots
Mohsin was assaulted near Peer Baba Mazar in the Chand Bagh area of northeast Delhi on February 25, 2020, during the communal violence. He later died from his injuries.
The trial court convicted the five men on November 20, 2024, under Sections 304 Part I and 148 of the Indian Penal Code. These provisions deal with culpable homicide not amounting to murder and rioting while armed with a deadly weapon.
On January 13, 2025, the trial court sentenced each of the five men to seven years of rigorous imprisonment and imposed a fine of Rs 30,000.
