‘More than mere presence’: Delhi High Court rejects appeal by 5 men in 2020 riots case

Delhi High Court on Tuesday upheld the seven-year prison sentence handed to five men convicted in a case linked to the 2020 Delhi riots, rejecting their appeals against the verdict in the death of a 22-year-old man.

Justice Madhu Jain dismissed the appeals filed by Aman Kashyap, Devinder Kumar, Pradeep Rai, Ashish alias Goli and Arun Kumar. The court found that the evidence against them showed “more than the mere presence” of the men in a crowd.

Why was the conviction challenged?

The case concerns Monish, who was allegedly chased and assaulted by a mob near Brijpuri in northeast Delhi on February 25, 2020. He later died in hospital.

The five men questioned the prosecution's case, citing inconsistencies in eyewitness accounts, delays in recording police witnesses' statements and the absence of a test identification parade.

The High Court relied on a police constable's testimony identifying the men as being at the forefront of an armed mob and allegedly urging others to assault Monish. It also considered accounts from other police personnel who described the pursuit and attack.

The court observed that the absence of a test identification parade did not automatically invalidate identification evidence.

Trial court's verdict upheld

The five men were convicted under Sections 148 and 304 Part I of the Indian Penal Code (IPC), which deal with rioting while armed with a deadly weapon and culpable homicide, respectively.

Justice Jain upheld the trial court's conviction order dated November 30, 2024, and sentencing order dated January 13, 2025.

The case originated from an FIR registered at Dayalpur police station following the fatal assault.

Advocates Faraz Anees and Kartik Vashisht appeared for the convicts. Special Public Prosecutor Rajat Nair, along with advocates Dhruv Pande, Imon Bhattacharya and Sarthak, represented the State.