"I am of the opinion that the prosecution has failed to
prove the case beyound reasonable doubt against accused Mohd
Asif Khan (MLA of Okhla Assembly seat) and he is entitled to
benefit of doubt on the point of identification," Additional
Chief Metropolitan Magistrate Naveen Arora said.
The court said non-conduct of Test Identification Pararde
(TIP)to ascertain the veracity of the complaint went in favour
of the accused.
It said the key prosecution witness, an employee of DESU
who had lodged the FIR, did not know the accused at the time
of the incident and lack of TIP to ascertain his identity was
fatal to the outcome of the prosecution's case.
The court allowed the plea of Tanveer Ahmed, counsel for
the lawmaker, that even if one were to assume that the alleged
incident happened, the identity of the accused was crucial to
fix the criminal liability.
An FIR was lodged by a DESU employee that he along with
his colleagues, reached near Jamia Milia Islamia University
on the afternoon of June 23, 1996, to fix a technical fault
which had resulted in load shedding in the area.
The accused and his over 150 supporters had surrounded
the official vehicle of DESU and instigated them to put it on
fire, forcing the employees of the power body to flee from the
The accused were booked under various provisions of
the IPC, dealing with rioting, restraining public servants,
arson and group liability.
New Delhi: A Delhi court has acquitted an
RJD MLA of the national capital of the charges of rioting and
attacking the employees of erstwhile power company DESU who
had gone to repair a technical fault nearly 14 years ago.
First Published: Monday, August 23, 2010, 22:25