Ahmedabad court acquits 4 persons in 1992 rioting case for lack of evidence

A City Civil and Sessions Court in Ahmedabad has acquitted four individuals in a 1992 rioting case linked to communal violence at Rajnagar Shopping Centre in the Ellisbridge area of the city.

The court ruled that the prosecution failed to provide sufficient evidence to prove the accused’s involvement. While the accused – Magan Parmar, Leela Nayak, Shakri Nayak, and Shardaben Nayaka – were arrested at the scene, the court noted that oral testimonies from the complainant, other victims, and independent witnesses did not establish their role in the vandalism or looting.

Additionally, the court found the evidence of police witnesses unreliable, and the prosecution could not prove beyond reasonable doubt that the accused were part of the mob or committed the alleged crimes.

Advocate for the complainant argued that the testimony of Imtiaz Syed, whose shop was damaged, and Sood Lalit Kumar Jain, whose shop was looted, corroborated the incident. 

However, the court observed that the complainant's key witness, V R Naik, the then police sub-inspector of Ellisbridge Police Station, was not examined on oath. Furthermore, five witnesses turned hostile, and the Panchnama evidence was unsupported, weakening the prosecution’s case.

The defense, representing the accused, emphasised the lack of credible evidence linking their clients to the crime. They argued that no witness identified the accused as part of the mob or confirmed their involvement in the vandalism.

The defense also highlighted that the prosecution failed to clarify the specific roles of the accused in the incident involving a large mob, rendering the police report alone insufficient to establish guilt.

Following a police investigation, a charge sheet was filed before the Metropolitan Magistrate Court in 2006, which lacked the authority. The case was then transferred to the Sessions Court in 2018 under Sections 207, 208, and 209 of the Criminal Procedure Code.

The court also abated proceedings against two other accused who passed away during the trial.

The case stemmed from an incident on July 3, 1992, when a mob of approximately 150–200 people gathered near Rajnagar Shopping center allegedly vandalised and looted Lucky Kangan Stores in the complex, causing damages worth ₹40,000.

The prosecution charged the accused under Sections 143, 147, 149, 427, and 395 of the Indian Penal Code, alleging they were part of an unlawful assembly that broke into and ransacked the shop during communal riots in Ahmedabad.