Gujarat High Court Upholds Acquittal in 2002 Vadodara Mob Killing Case
Court cites lack of conclusive evidence and failure to identify accused in riot related death.
The Gujarat High Court has upheld the acquittal of five men accused in a 2002 mob killing in Vadodara, stating that the prosecution failed to prove their involvement beyond reasonable doubt.
A division bench of Justices Nirzar S. Desai and D.N. Ray observed that key witnesses could not clearly identify the accused as part of the mob responsible for the alleged crime. The case relates to the death of Samsuddin, also known as Kasamkhan, who was reportedly attacked during the violence and killed after being thrown into a fire.
According to the prosecution, the accused were part of a large group that gathered near Khodiarnagar on February 28, 2002. The mob allegedly looted property, set homes and shops ablaze, and carried out violent attacks in the area.
However, the High Court noted that several witnesses consistently stated they did not know who the attackers were, as the crowd involved hundreds of people. Even the victim’s wife, who was presented as an eyewitness, only confirmed the presence of some individuals at the scene but did not link them directly to the act of violence.
The bench also pointed to gaps in the medical evidence. The doctor who examined the remains could not definitively confirm that the recovered bones belonged to the deceased, raising further doubts about the prosecution’s case.
In addition, the original complainant reportedly said she was unaware of the identities of those involved and had signed the complaint after it was shown to her. Another witness mentioned that the incident took place at night, making identification difficult.
The State had challenged an earlier sessions court verdict from 2003, which had acquitted the accused of charges including rioting, arson, and murder. It argued that the trial court had overlooked important testimony. However, the High Court found no strong reason to overturn the acquittal and dismissed the appeal.
The case is one among many linked to the widespread violence that took place in Gujarat in 2002 following the Godhra train incident. Over the years, several trials related to these incidents have seen a mix of convictions and acquittals, often hinging on the strength of evidence and witness testimony.