A man, who was arrested 26 years after two groups clashed violently during the communal riots in Mumbai in 1992-93, was acquitted by a sessions court last week.

The trial against Usman Mulla, now 52, who was arrested in February this year, began in June and saw the deposition of only one witness — a police officer. However, the witness could not establish Mulla’s presence at the spot where the alleged incident took place on January 10, 1993.

“The prosecution has even failed to establish that the accused was present at the time of occurrence of the incident. Merely saying that the accused was arrested on the day of the incident cannot be and should not be considered as sufficient evidence against the accused to connect him with the alleged crime when his presence on the spot is not established,” the court said.

According to the witness, he was patrolling on Barrister Nath Pai Road in Mazgaon on January 10, 1993, when the police received information about a riot. He, along with others, rushed to the spot where they saw two groups pelting stones, soda bottles and objects set ablaze at each other. The police tried to control the mob by talking to them but when that failed, they conducted a lathicharge and fired tear gas. As the mob continued to be unruly, police fired towards the mob, the witness told the court. The police arrested 17 accused from the spot and Mulla was also arrested the same day.

“The prosecution has not examined the other witnesses, including the investigating officer. The non-examination of the investigating officer and other material witnesses is fatal to the case of the prosecution as there is no cogent and reliable evidence on record to connect the accused with the crime. Also, there is nothing to show that the accused actually participated in the commission of the alleged offence,” the court said.

The court acquitted Mulla of charges including rioting, causing hurt and attempt to murder under IPC and relevant sections of Mumbai Police Act. Sources said many witnesses were not traceable due to passage of time. The court observed 84 others had already been acquitted. The trial was conducted in different stages, including in 2011, when seven men were acquitted. The court had, in certain cases, said there was nothing on record to show the accused were members of an unlawful assembly.