The Bench emphasized that simply being present at the crime scene does not prove guilt, especially in large-scale riots where innocent bystanders can be wrongly identified as criminals.
NEW DELHI: The Supreme Court of India, on March 21, 2024, acquitted six individuals from Gujarat who were previously convicted in a case related to the post-Godhra riots.
The judgement was delivered on Friday by a two-judge bench comprising Justices P S Narasimha and Manoj Misra.
The Bench emphasized that simply being present at the crime scene does not prove guilt, especially in large-scale riots where innocent bystanders can be wrongly identified as criminals.
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“In cases of group clashes where a large number of persons are involved, an onerous duty is cast upon the courts to ensure that no innocent bystander is convicted and deprived of his liberty. In such type of cases, the courts must be circumspect and reluctant to rely upon the testimony of witnesses who make general statements without specific reference to the accused, or the role played by him,” the Court observed.
The judges stressed that courts must be very careful while handling such cases and should not depend on witness statements that are vague and do not clearly identify the accused or their role in the incident.
Background
The case is related to the communal riots that erupted in February 2002 in Vadod village, Gujarat, following the Godhra train burning incident.
As per the prosecution, a mob of over 1,000 people gathered near a mosque and a graveyard. When police reached the spot and asked the mob to disperse, they were attacked with stones, injuring police personnel and damaging police vehicles. In response, the police used tear gas and fired gunshots, causing chaos. During this time, seven people were arrested on the spot.
After a detailed investigation, 19 individuals, including the six appellants in the Supreme Court, were charged under various sections of the Indian Penal Code (IPC), including:
- Section 143 (Unlawful Assembly)
- Section 147 (Rioting)
- Section 153(A) (Promoting Enmity Between Groups)
- Section 295 (Defiling a Place of Worship)
- Section 436 (Mischief by Fire or Explosives)
- Section 332 (Causing Hurt to Deter a Public Servant from Duty)
In July 2005, the trial court acquitted all accused due to insufficient evidence. The court pointed out that police witnesses gave general statements and could not specifically identify the accused or their roles. It also noted contradictions in the statement of a key prosecution witness about how he recognized the accused.
However, in May 2016, the Gujarat High Court overturned the acquittal for six of the accused, stating that since they were arrested at the crime scene, their presence was beyond doubt. The High Court, however, maintained the acquittal of 12 other accused. Meanwhile, one accused had died during the trial process.
The convicted individuals then appealed to the Supreme Court, which ruled that the prosecution failed to provide solid proof linking them to any acts of violence or incitement.
“Here no evidence has come on record to indicate that the appellants incited the mob, or they themselves acted in any manner indicative of them being a part of the unlawful assembly. The only evidence in that regard came from PW-2 and PW-4 (prosecution witnesses), but that has been discarded by the high court for cogent reasons which need not be repeated here,” the Court stated.
The Supreme Court further observed that just being arrested at the scene of the riot does not prove that a person was part of an unlawful assembly.
“In absence of any inculpatory role ascribed to the appellants, their arrest on the spot is not conclusive that they were a part of the unlawful assembly, particularly when neither instrument of destruction nor any inflammatory material was seized from them,” the Court said.
The judges pointed out that no weapons, inflammable materials, or objects related to the riot were found on the accused at the time of their arrest.
The Court also noted that when the police fired at the crowd, people ran in all directions in panic. In such situations, even innocent people can be mistaken for rioters.
“The mere fact that the appellants were arrested at the scene does not automatically establish their guilt,” the Court said.
Based on these observations, the Supreme Court overturned the Gujarat High Court’s conviction and restored the trial court’s decision to acquit the six accused individuals.
The appellants were represented by advocates Taruna Singh Gohil, Hetvi K Patel, Taniya Bansal, Pradhuman Gohil, Alapati Sahithya Krishna, Rushabh N Kapadia, and Vikash Singh.
The respondents were represented by Senior Advocate Ruchi Kohli, along with advocates Swati Ghildiyal, Devyani Bhatt, and Srishti Mishra.
[ Case Title: Dhirubhai Bhailalbhai Chauhan v. State of Gujarat]
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