The order, sentencing Dinesh Yadav to five years in prison, was pronounced by Additional Sessions Judge Virender Bhatt.
On December 6, 2021, the Court had convicted Yadav for offences under Sections 143 (unlawful assembly), 147 (rioting), 148 (rioting armed with a deadly weapon), 457 (house trespass), 392 (robbery), 436 (mischief by fire or explosive substance with intent to destroy house, etc.) read with Section 149 (every member of unlawful assembly guilty of offence committed in prosecution of common object) of the Indian Penal Code.
According to the Court,
“The fact that the accused also belongs to Hindu community and was present in the mob armed with an wooden rod which mob resorted to violence against the Muslims, indicates that he shared the common object of the unlawful assembly.
The mere fact that he was not seen entering complainant’s house or vandalising or looting or putting it on fire, does not mean that he was mere a bystander. There is nothing on record to show that the accused had disassociated himself from the unlawful assembly and he did not share the common object of the assembly.”
The Court had later heard Yadav on quantum of sentence on December 12, 2021 before pronouncing its order on the same today.
The prosecution, which examined 13 witnesses during the trial, alleged that a mob of 150-200 rioters gathered at around 11:30 am in front of the house of the complainant. The mob broke into her house and committed robbery, and some of the material in the house was set on fire. The complainant and her children were stated to have jumped to the terrace of the adjacent house in order to save their lives.
Yadav’s named cropped up in the statements of the complainant and the police personnel for being involved in the acts of arson, loot and robbery in the complainant’s house. It came on record that he had been arrested in another case on June 3, 2020.
He denied all the charges, saying he was being framed. He also chose not to lead any evidence in his defence.
Source Bar and Bench