A Delhi court has acquitted 12 men accused of abducting and murdering a man during the 2020 northeast Delhi riots, holding that the prosecution failed to prove the charges beyond reasonable doubt.
The verdict was delivered by Additional Sessions Judge Parveen Singh on April 21 in the case related to the death of Musharraf, whose body was recovered from a drain in Bhagirathi Vihar on February 27, 2020.
The accused included Lokesh Solanki, Pankaj Sharma, Sumit Chaudhary alias Badshah, Ankit Chaudhary alias Fauzi, Prince alias DJ Wala, Rishabh Chaudhary alias Tapas, Jatin Sharma alias Rohit, Vivek Panchal alias Nandu, Himanshu Thakur, Sahil alias Babu, Sandeep alias Mogli and Tinku Arora.
The court said, “The prosecution has failed to prove its case beyond a reasonable doubt. All the accused are entitled to the benefit of doubt and are acquitted.”
Case Based on Witness Testimony and Allegations
The prosecution had alleged that on the night of February 25, a mob of 150 to 200 people entered Musharraf’s house, assaulted him, abducted him and later dumped his body in a drain.
Charges included murder, rioting, kidnapping, unlawful assembly, destruction of evidence and promoting enmity.
However, the court found major inconsistencies in witness accounts, particularly those of the deceased’s wife and daughter, who claimed to have seen the incident.
Witness Accounts Found Unreliable
The court observed that the testimonies contained serious contradictions.
It said, “The cumulative effect of these discrepancies is that the testimonies are mutually destructive and unreliable on the most material aspect of the case.”
The judge also found the conduct of the deceased’s wife “wholly unnatural,” noting that she did not inform the police or family members for nearly two days after the alleged incident.
The court remarked, “It is highly improbable that she would not disclose even to her daughter that her husband had been killed.”
Call Records and Digital Evidence Insufficient
The prosecution also relied on call detail records and WhatsApp chats to link the accused to the crime.
However, the court held that phone location data only placed the accused near their residences and did not establish their involvement in the crime.
It said, “Presence in or around residential areas does not establish participation in the offence.”
Prior Conviction Considered
The court also noted that WhatsApp messages recovered from one of the accused, Lokesh Solanki, had already been used in another case in which he was convicted, and therefore could not be used again to prove guilt in this matter.
Outcome of the Case
Concluding the trial, the court acquitted all 12 accused of all charges, stating that the prosecution evidence failed to meet the standard required for conviction.
