New Delhi: The Supreme Court on Thursday acquitted six persons from Gujarat in a case related to the post-Godhra riots, emphasizing that 'mere presence at the crime scene does not establish guilt', especially in large-scale riot situations.
A Bench comprising Justice PS Narasimha and Justice Manoj Misra ruled that courts must be cautious in such cases and avoid relying on witness testimonies that provide vague or generalized statements without clearly identifying the accused or their specific role in the incident.
“In cases of group clashes involving a large number of individuals, courts have an onerous duty to ensure that no innocent bystander is convicted. Courts must be reluctant to rely on testimonies that make broad statements without pinpointing the accused’s role,” the Bench observed.
The case pertains to communal riots in Vadod village, Gujarat, in February 2002, following the Godhra train burning incident.
According to the prosecution, a mob of over 1,000 people gathered around a graveyard and a mosque. When the police attempted to disperse the crowd, they were met with stone pelting, injuring personnel and damaging police vehicles. In response, the police fired tear gas and live rounds, triggering a stampede-like situation, during which seven individuals were arrested on the spot.
Following an investigation, 19 people were charged under various sections of the Indian Penal Code (IPC), including unlawful assembly (Section 143), rioting (Section 147), promoting enmity between groups (Section 153A), defiling a place of worship (Section 295), mischief by fire (Section 436), and obstructing public servants (Section 332).
The sequence of events in the case is as follows- In July 2005, The trial court acquitted all accused, citing lack of specific evidence. The police witnesses provided generic statements and failed to identify any accused or their roles. Contradictions in a key prosecution witness’s testimony also weakened the case.
In May 2016, The Gujarat High Court reversed part of the acquittal, convicting six accused while upholding the acquittal of twelve others. The High Court reasoned that their arrest at the scene confirmed their presence beyond doubt.
Meanwhile, one accused had died during the trial.
The six convicted individuals challenged the High Court’s verdict in the Supreme Court.
The apex court overturned the High Court’s conviction, ruling that the prosecution failed to provide specific evidence linking the accused to acts of violence or incitement.
The Supreme Court noted that no evidence suggested that the accused incited the mob or participated in unlawful activities.
Testimonies from Prosecution witnesses PW-2 and PW-4, relied upon were previously discarded by the High Court for lack of credibility.
No weapons, inflammable materials, or riot-related objects were recovered from the accused at the time of their arrest.
The police opened fire, causing panic and chaos, making it possible that innocent bystanders were mistakenly arrested as rioters.
"In the absence of any inculpatory role ascribed to the appellants, their arrest alone does not conclusively prove their participation in the unlawful assembly. This is especially true when no weapon or inflammatory material was seized from them," the Court ruled.
Accordingly, the Supreme Court restored the trial court’s decision and acquitted the six individuals.
