29 acquitted over lack of identification in 2017 Panchkula violence case
The acquitted accused hailed from Punjab, Haryana, Rajasthan, and New Delhi. Additionally, three other accused who were nominated in this FIR had died. The charges were framed against the accused in 2019, and the trial began subsequently.
Chief judicial magistrate Ajay Kumar has acquitted all 29 accused in another FIR registered by the Panchkula police following the violence that erupted after the local CBI court held Dera Sacha Sauda head Gurmeet Ram Rahim Singh guilty in a rape case on August 25, 2017. The acquitted accused hailed from Punjab, Haryana, Rajasthan, and New Delhi. Additionally, three other accused who were nominated in this FIR had died. The charges were framed against the accused in 2019, and the trial began subsequently.
Many other accused involved in this same incident have already been acquitted in separate FIRs, and numerous other related cases are currently under trial.
The Sector-5 police station had registered this case on August 26, 2017, under Sections 147 (rioting), 148 (rioting, armed with a deadly weapon), 149 (unlawful assembly), 186 (obstructing a public servant in the discharge of public functions), 188 (disobedience to an order duly promulgated by a public servant), 332 (voluntarily causing hurt to deter a public servant from his duty), 353 (assault or criminal force to deter a public servant from the discharge of his duty), 506 (criminal intimidation), and Sections 3 and 4 of the Prevention of Damage to Public Property Act.
According to the case, on August 26, 2017, assistant commandant (SSB) Santosh Pandit filed a complaint with the SHO of Police Station Sector 5, Panchkula. The complaint stated that on August 25, 2017, 40 SSB personnel were deployed for law and order duty at HAFED Chowk, Sector 2, Panchkula. While they were controlling a mob of followers of the Dera Sacha Sauda head, they were attacked by his followers. During this attack, one SSB personnel from the complainant’s unit, namely Dharmender Singh, sustained injuries. Based on the aforementioned allegations, the present FIR was registered.
Santosh Pandit, during his cross-examination, stated that he had no personal knowledge of the present case. He further testified that due to the large crowd on the day of the incident, he did not identify any of the accused persons.
The court observed that the prosecution examined a total of 21 witnesses to prove its case. While the prosecution also submitted the medico-legal examination reports of seven injured individuals, which are part of the court record, a careful perusal of the remaining prosecution witnesses’ testimonies revealed that none of them identified the accused as the assailants or as individuals involved in vandalism or arson on August 25, 2017.
It further said that prosecution witnesses ASI Sandeep, Ved Parkash (CSI, MC, Panchkula), HC Jasmer Singh, SPO Ashok Kumar, Neeraj Dhanda, and Ram Kishan categorically stated that they did not identify the accused persons present in the court. In light of these depositions, the court concluded that there was no direct evidence available to connect the accused persons with the alleged commission of the crime.
The court held that the prosecution has miserably failed to prove its case against the accused beyond all reasonable doubts. Therefore, accused persons are hereby acquitted of all charges framed against them being given benefit of doubt.
