The Rouse Avenue court on Wednesday convicted Aam Aadmi Party (AAP) MLA Prakash Jarwal and his associate Kapil Nagar for abetting a doctor's suicide. They also have been held guilty for the offence of criminal conspiracy for extortion and threat to dead Rajender Singh.
The dead was a doctor and was also engaged in water supply through tankers.
Special judge M K Nagpal held guilty Prakash Jarwal and Kapil Nagar for the offences of abetment to suicide, extortion, attempt to extortion and criminal intimidation and criminal conspiracy for extortion.
They have been held guilty under section 506 (Criminal Intimidation to kill) Part 2 under which maximum punishment is upto seven years.
Third accused Harish Jarwal has been convicted for the offence of criminal intimidation.
The court said that the prosecution has been successful in proving the allegations beyond reasonable doubts.
Additional Public Prosecutor (APP) Manish Rawat argued on behalf of Delhi police.
The court has directed the accused persons and prosecution to file their affidavits. The matter is listed on March 13 for hearing.
On November 11, 2021, the court had framed charges against Prakash Jarwal, Kapil Nagar and Harish in different sections of IPC.
The court had said that the offences under Sections 120 B IPC read with Sections 386 (extortion by putting a person in fear of death or grievous hurt), 384 (extortion) and 506 (Criminal intimidation) and offences under Section 384 read with Section 120 B (Criminal Conspiracy) IPC, Section 386 read with Section 120 B IPC and Section 506 read with Section 120 B IPC and also under 306/34 IPC are prima facie made out against the accused Prakash Jarwal and Kapil Nagar.
The accused Harish was discharged for the offence under Sections 306 and 386 IPC but he was charged for the offence under Section 506 IPC by the court.
An FIR was registered on the basis of the complaint dated 18.04.2020 of Hemant Singh, in which he had stated that his father late Rajender Singh was doing the work of supply of water through tankers since 2005. Delhi Jal Board had never harassed his father.
However, since the accused Prakash Jarwal had won and become MLA of Aam Admi Party, he and his associate Kapil Nagar who worked with him and others started harassing his father for money regularly, he alleged.
It was alleged that accused Kapil Nagar, at the instance of the accused Prakash Jarwal used to take monthly amount and used to give to the accused Prakash Jarwal. The accused Prakash Jarwal was a member of Delhi Jal Board and without taking the monthly amount, he did not allow the plying of their tankers with Jal Board.
Complainant had stated that if his father did not pay the monthly amount to the accused Prakash Jarwal, he used to threaten his father and also threatened to destroy him. His father used to regularly give lakhs of rupees monthly to accused Prakash Jarwal who was harassing his father forcibly and mentally. His father had written about the same in a diary. When his father opposed the giving of monthly amount, his tankers were got removed from Delhi Jal Board about which his father made a complaint to the Executive Engineer, Delhi Jal Board, GK-I on 09.04.2020.
It was also stated that the father of the complainant had pleaded with the accused Prakash Jarwal several times not to harass him as he was a heart patient but the accused
Prakash Jarwal did not listen and kept harassing his father continuously of which they also had a phone recording.
It was further stated that the accused, Prakash Jarwal used his power to get the payment of the deadstopped. The father of the complainant had written about the mental harassment in his diary and he had also mentioned the amount given to accused Prakash Jarwal in the diary which amount was taken forcibly.
It was alleged that due to the exploitation and pressure, the dead used to remain troubled and used to write about the instances in his diary.
It was also alleged that the father of the complainant had sold his ancestral land and taken loan on the jewellery of his wife for which they also had receipt and at the instance of accused Prakash Jarwal had given the money to Kapil Nagar.
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