Ashfaq Hussain and Zakir were killed in Brijpuri area on February 25, 2020, amid communal unrest.
Team Clarion
NEW DELHI – A local court has acquitted four men accused of murdering Ashfaq Hussain and Zakir during the 2020 northeast Delhi riots.
Additional Sessions Judge Pulastya Pramachala was hearing two cases registered against Ashok, Ajay, Subham, and Jitender Kumar for allegedly murdering Hussain and Zakir in Brijpuri areaon February 25, 2020, amid communal riots.
In two separate orders passed last week, the court said the prosecution could not prove that any of the accused persons was involved in the killing of Zakir and Hussain.
“There is no evidence to even establish any of the accused being part of rioters at the given place and time. Therefore, all the accused persons are acquitted of all the charges,” the court said.
Regarding whether the accused were part of a riotous mob that killed the duo, the court, in the common observations, said the eyewitness in the cases turned hostile and did not support the prosecution’s version.
There was, however, some circumstantial evidence as call details record (CDR), recovery of scissors, swords and the clothes worn by some of the accused persons, based on their alleged disclosure statements, it said.
The court said it could not reach a concrete conclusion about the presence of a particular person at a particular place, solely based on the CDR.
“As far as swords and scissors recovered and relied upon by the prosecution is concerned, it is not that these weapons were found with remnants of the blood of the deceased, to show that they were the weapons through which deceased were killed,” it said.
The court said the prosecution did not conduct any forensic examination to show that the clothes had bloodstains of the deceased.
It said the CCTV footage showing the presence of the accused persons as part of the unlawful assembly which murdered the duo was not played in the court.
“Even in the form of circumstantial evidence, there is nothing on the record to establish the presence of accused persons among the rioters,” the court observed.
Thus, the prosecution was unable to prove that the accused persons were involved in the duo’s killings, it said.
The Dayalpur police station had registered FIRs against the accused.
