Post-Godhra riots case: 19 years after conviction, Gujarat HC acquits 3 for want of reliable evidence
The acquittal comes 19 years after their initial conviction.
The high court bench of Justice Gita Gopi granted appeals filed by Sachin Patel,
Ashok Patel
, and Ashok Gupta, who had challenged their conviction by a fast-track court in Anand and the sentencing order from May 29, 2006, according to PTI.
"The learned trial court judge had erred in the appreciation of the evidence. Conviction is not based on reliable and corroborative evidence.
The identification of the accused has not been proved during the trial," the high court stated in its Monday order.
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The case originally involved nine individuals, with four being convicted and sentenced to five-year rigorous imprisonment under various Indian Penal Code sections for rioting, arson, and unlawful assembly. One appellant passed away in 2009.
According to the prosecution, the three convicts were part of a crowd that gathered in Anand a day after the Sabarmati Express train incident at Godhra station on February 27, 2002.
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The crowd allegedly damaged and set fire to shops, violating the district magistrate's order under section 135 of the Bombay Police Act.
The high court observed that the prosecution failed to prove whether the appellants were members of the unlawful assembly and their involvement in arson.
"None of their acts in prosecution of the common object -- of setting things on fire and damaging the private and public property -- has been proved during the trial," the high court stated.
The case stemmed from the February 27, 2002 incident when 59 people were killed after the S-6 coach of the Sabarmati Express was burnt at Godhra, which triggered riots in Gujarat.
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