2017 Panchkula arson case Another 126 acquitted due to lack of evidence

In the fourth judgment this month regarding the violence that occurred in Panchkula on August 25, 2017, following the conviction of Dera Sacha Sauda chief Gurmeet Ram Rahim Singh, the Panchkula court has again acquitted all the accused in a case which was heard on Wednesday. The prosecution failed to prove the charges against them. Prior to this judgment, 69, 29, and 19 accused in separate FIRs were acquitted this month. Additionally, 12 were acquitted in March, and 41 in February of this year.

A court of Chief Judicial Magistrate, Ajay Kumar, has acquitted all 126 accused in a presnt case related to violence that occurred in Panchkula on August 25, 2017, following the conviction of Dera Sacha Sauda chief, Gurmeet Ram Rahim Singh. The court cited a lack of direct evidence connecting the accused to the alleged offences.

The FIR, registered on August 26, 2017, by the Sector-5 police station, named 124 women and 2 men from Punjab, Haryana, Rajasthan and Delhi. One of the accused died during the trial, and proceedings against her were dropped on December 12, 2019.

According to the prosecution, on August 26, 2017, the then station house officer (SHO) Inspector Karambir Singh of Police Station-5, Panchkula, and his team received information that followers of Gurmeet Ram Rahim, who were allegedly involved in stone pelting and arson on August 25, were gathering again at Yavnika Park. The police team, including Inspector Sunita, SHO of the Women’s police station, reached the park and found 103 accused persons present. The police claimed that stones were also found at the location and were taken into custody. This complaint led to the registration of the FIR, and further arrests were made during the investigation.

However, the court found critical flaws in the prosecution’s case. The court said that none of the witnesses examined by the prosecution could identify any of the accused as being involved in the stone pelting or arson on August 25. In this manner, there is no direct evidence available which can connect the accused persons with the alleged offences/incidents which took place on dated August 25.

The court also ruled against the admissibility of confessional statements, citing Sections 25 and 26 of the Indian Evidence Act, and rejected the use of demarcation memos as evidence under Section 27 of the same act.

A key point of contention was the recovery of stones. The prosecution argued that 100 stones were collected from the accused, implying they intended to use them for violence. However, the court pointed out that the stones were not recovered from the personal possession of the accused but were found at the location where they were apprehended. The court quoted the cross-examination of Inspector Karambir Singh, who admitted that similar stones were “easily available near any public road.”

Furthermore, the court highlighted inconsistencies in the testimonies of police witnesses. Head constable Ravita stated in her cross-examination that no recoveries were made from the accused in her presence. Similarly, constable Rekha Rani testified that she did not remember whether the recovered stones were lying unattended or not.

In its verdict, the court concluded that the prosecution has miserably failed to prove its case against the accused beyond all reasonable doubts. The court acquitted all 126 accused of all charges, granting them the benefit of the doubt.