PTI
New Delhi
A Delhi court on Thursday acquitted former Congress MP Sajjan Kumar in a case related to inciting violence in the Janakpuri area in the national capital during the 1984 anti-Sikh riots, saying the prosecution failed to prove the charges beyond a reasonable doubt.
Kumar has been in jail since 2018 after being sentenced by the Delhi High Court to life imprisonment over the murder of five people in Delhi’s Palam Colony on November
1 and 2, 1984.
Special judge Dig Vinay Singh underlined that though the court understood the trauma suffered by the victims and their families, its decision had to be “sans emotions”.
“The finding of guilt of the accused in this case must be solely judged based on the evidence led in the present matter. Unfortunately, most of the witnesses examined by the prosecution in this case are hearsay, and/or those witnesses who failed to name the accused for three long decades,” the judge said.
He said relying on the identification of the accused by such witnesses “would be risky and may lead to a travesty”.
The judge said there was no reliable evidence that Kumar was present at the crime scene or that he was seen there by anyone. There was also no evidence of instigating any riotous mob or of conspiracy regarding the alleged incident,
he added.
In the 60-page order, the court said, “Sum and substance is that the prosecution has not met its burden of proof against the accused beyond a reasonable doubt, which is essential for conviction in a criminal trial.”
“Resultantly, because of a lack of credible evidence as to the presence of the accused in the crime in question or a part of the unlawful assembly or his involvement in any manner, either through instigation, conspiracy, or abetment of any other nature, he is acquitted of the charges,” it said.
Complainant Harvinder Singh’s counsel, Maninder Singh, hinted at challenging the order in the High Court. “We will first study the verdict thoroughly and then file an appeal in the Delhi High Court,” the counsel told PTI.
Rejecting the argument that Kumar had been found guilty of similar offences, the court said a person could be convicted of 100 crimes, but to be held guilty of the 101st crime, proof beyond a reasonable doubt was required.
“One cannot be found guilty merely because in the past he was involved in similar offences. Past criminal background or the commission of other offences are separate and can have some value in sentencing a person, but they cannot be considered by a court of law in holding a person guilty of another crime,” the court said.
“Merely because the accused is an ex-member of Parliament or that he was involved in similar instances at other locations, this court cannot lower the standard of proof required in this case to hold him guilty. The law remains the same for all criminals, whether they are ordinary men or influential people,” it said.
The court noted the prosecution’s argument that while appreciating evidence in the present case, appropriate weightage must be given to the circumstances, including the victims being severely beaten and injured; two people being killed; their homes and properties damaged and destroyed; and police officers not providing immediate help.
