2002 Riots: Gujarat HC Upholds Acquittal of Five in Vadodara Mob Killing Case

Gujarat High Court on 18 April 2026 upheld the acquittal of five men accused in the mob killing of a Muslim man during the 2002 Gujarat Riots, ruling that the prosecution failed to establish their involvement beyond reasonable doubt.

A Division Bench of Justices Nirzar S Desai and DN Ray dismissed the State’s appeal against a 2003 sessions court order, observing that the evidence on record did not support a conviction. The case related to the killing of Samsuddin alias Kasamkhan, who was burned alive in Khodiarnagar, Vadodara on 28 February 2002.

According to the prosecution, a large mob had attacked the victim’s home and shop, looted property, set it ablaze, then beaten him and thrown him into the fire. The Bench, however, found that key elements of the case remained unproven.

It noted that multiple witnesses had stated they were unable to identify the perpetrators, as the incident involved a large mob of around 400 to 500 people. It observed that “all these witnesses have deposed on similar lines and have categorically stated that they did not know the identity of the persons who committed the offence.”

Even the testimony of the deceased’s wife, considered a key eyewitness, did not establish direct involvement, the court ruled. It held that her deposition “would only indicate the presence of the said persons in the mob” and was “conspicuously silent with regard to any specific overt act or participation of the accused.”

Further, the original complainant had stated she did not know the identity of the rioters and that the complaint had merely been shown to her before she signed it. Another witness said the incident occurred at night in darkness, making identification difficult.

The court also pointed to weaknesses in the medical evidence. It noted that the forensic examination could not conclusively link recovered remains to the deceased, observing that “it cannot be ascertained from the said bones whether they belonged to a male or a female.”

The State had argued that the trial court had erred in disregarding eyewitness testimony and placing undue emphasis on inconsistencies such as delayed recovery of remains. It contended that the findings were “perverse and not borne out from the evidence.” However, the High Court rejected this argument, reiterating that an appellate court should not overturn an acquittal unless the trial court’s findings are “perverse, contrary to material on record, palpably wrong, manifestly erroneous or demonstrably unsustainable.”

“No case is made out to interfere with the impugned judgment and order of acquittal,” the Bench concluded, while dismissing the appeal.

The case is part of the wider violence that followed the Godhra train burning on 27 February 2002, which triggered large-scale communal unrest across Gujarat. Thousands of Muslims were killed, tens of thousands displaced, and widespread destruction of homes, businesses, and places of worship was reported.

See Also: Bombay HC Grants Bail to Sharad Kalaskar, Convicted in Murder of Rationalist Narendra Dabholkar—Family to Move SC

Acquittals in the 2002 Gujarat Riots

In a separate order passed on 29 April 2026, Justice HD Suthar of Gujarat High Court rejected a criminal review petition challenging the acquittal of several accused in another incident of mob violence on 2 March 2025. The case pertains to the lynching of a Muslim couple in Rameshra village of Guajarat’s Panchmahal district.

According to the case file, a mob of 500-1000 rioters attacked the village, setting homes and shops ablaze. When Yaar Mohammed Haji Meharban Ali Makrani and his wife Hamidabibi attempted to escape the violence, the mob chased them down and attacked them with sharp weapons. In July 2007, a Sessions Court acquitted ten accused, ruling that the prosecution failed to establish culpability beyond reasonable doubt.

Over the years, several cases related to the 2002 violence have resulted in acquittals or overturned convictions.

In March 2025, Gujarat High Court upheld a trial court order from 2015 acquitting six persons accused of killing three British Muslims and their driver. In April 2023, a Special Court in Ahmedabad acquitted all 67 accused in the Naroda Gam massacre case, including BJP, VHP and Bajrang Dal leaders.

In May 2018, Gujarat High Court acquitted three persons in the Ode massacre case while upholding several other acquittals. In October 2016, the High Court acquitted 14 of 31 persons convicted in the Sardarpura massacre and dismissed appeals against the acquittal of others. In June 2016, an Ahmedabad court acquitted 36 accused in the Gulbarg Society massacre case.

Courts have repeatedly cited lack of reliable evidence, failure of witness identification, and inconsistencies in testimonies as key reasons for acquittals. The Vadodara case follows a similar pattern, with the High Court emphasising that criminal convictions require proof beyond reasonable doubt and cannot rest on uncertain or inconclusive evidence.

[DS]

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