AHMEDABAD: 'Hard videographic proof ' of three persons - one allegedly wielding an AK-47 - being involved in the 2002 communal riots withered away during trial, with the videographer recanting his statement and the tape disappearing. An Ahmedabad court has finally acquitted the three accused.
The trio was booked on a complaint filed by a videographer, Satish Dalwadi, who had allegedly recorded footage during an episode of communal violence showing the accused carrying firearms. However, the video tape was never produced in court, and the videographer did not support the prosecution's case. He was declared a hostile witness .
The case pertained to two FIRs registered at Dariapur police station in connection with rioting on April 14, 2002. The FIRs were filed after Satish submitted a VHS cassette purportedly showing Alamgiri Shaikh, Hanif Shaikh, Imtiyaz Shaikh, Raufmiya Saiyed and others involved in the violence. Satish, a member of area peace committee, had been asked by then Dariapur police inspector, R H Rathod, to record incidents of communal violence, if any.
Following an investigation, police filed chargesheets stating that Imtiyaz was carrying an automatic firearm resembling an AK-47 while an unidentified person was seen with a revolver, both targeting members of the Hindu community. Based on Dalwadi's recording, the accused were charged under the Arms Act and IPC.
Over the course of 23 years, one of the accused, Hanif Shaikh, and some of the witnesses, including an investigating officer, died.
Many witnesses turned hostile. One told the court that his signature had been taken while he was having tea at a restaurant. Complainant and videographer Satish said he did not know what exactly he had recorded. A police sub-inspector, H H Chauhan, also turned hostile.
In its order, the court noted that during proceedings, the video cassette was not presented. "Moreover, no weapon has been recovered in this case, nor has any oral or documentary evidence been presented to show that the accused had weapons at the time of the alleged crime," it said.
The trio was booked on a complaint filed by a videographer, Satish Dalwadi, who had allegedly recorded footage during an episode of communal violence showing the accused carrying firearms. However, the video tape was never produced in court, and the videographer did not support the prosecution's case. He was declared a hostile witness .
The case pertained to two FIRs registered at Dariapur police station in connection with rioting on April 14, 2002. The FIRs were filed after Satish submitted a VHS cassette purportedly showing Alamgiri Shaikh, Hanif Shaikh, Imtiyaz Shaikh, Raufmiya Saiyed and others involved in the violence. Satish, a member of area peace committee, had been asked by then Dariapur police inspector, R H Rathod, to record incidents of communal violence, if any.
Following an investigation, police filed chargesheets stating that Imtiyaz was carrying an automatic firearm resembling an AK-47 while an unidentified person was seen with a revolver, both targeting members of the Hindu community. Based on Dalwadi's recording, the accused were charged under the Arms Act and IPC.
Over the course of 23 years, one of the accused, Hanif Shaikh, and some of the witnesses, including an investigating officer, died.
Many witnesses turned hostile. One told the court that his signature had been taken while he was having tea at a restaurant. Complainant and videographer Satish said he did not know what exactly he had recorded. A police sub-inspector, H H Chauhan, also turned hostile.
In its order, the court noted that during proceedings, the video cassette was not presented. "Moreover, no weapon has been recovered in this case, nor has any oral or documentary evidence been presented to show that the accused had weapons at the time of the alleged crime," it said.
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