On Wednesday, a Delhi court convicted Aam Aadmi Party (AAP) MLA Prakash Jarwal and his associate Kapil Nagar for aiding the suicide of Dr. Rajendra Singh, a 52-year-old individual who owned water tankers utilized by the Delhi Jal Board.

The court also determined that the two individuals were involved in a criminal conspiracy to extort funds from water tanker proprietors in the national capital. Additional Sessions Judge MK Nagpal asserted that Jarwal and Nagar had persistently and systematically demanded varying sums of money from the victim, indicating their involvement in the extortion scheme.

The court determined that the duo had deliberately exerted immense psychological pressure on the victim, as evidenced by approximately 40 statements authored by the victim, highlighting the severity of their actions.

The prosecution contended that the accused regularly threatened the victim and other water tanker owners, compelling them to pay monthly extortion fees. Additionally, it was alleged that money was demanded from water tanker owners under the guise of "election expenses" during the 2020 assembly polls.

The threats centered around the demand for payment linked to the operation or use of water tankers affiliated with the Delhi Jal Board. Specifically, the accusation against Jarwal was that he leveraged his authority as an MLA and a member of the Delhi Jal Board (DJB) to exclude Singh's tankers from the DJB and to halt his outstanding payments.

Despite the majority of witnesses, including the victim's wife and son, turning hostile, the Court found Jarwal and Nagar guilty of abetment of suicide under Section 306 of the Indian Penal Code (IPC).

Judge Nagar opined that the witnesses' hostility appeared to stem from "the fear of the accused persons and their other associates." The Court dismissed the defense's contention that Singh was suffering from certain physical and mental conditions, stating that no such serious physical or mental ailment could be inferred from the evidence on record.

The Court further expressed that while the mental state of an individual who resorts to the extreme step of suicide may indeed be weaker compared to that of a normal person, it does not imply that suicide occurs solely due to a weak mental state.

Moreover, the Court concluded that the charge of criminal conspiracy for extortion under Section 386 of the IPC was proven against the accused. This determination was based on dying declarations left by the deceased as well as other corroborative evidence.

However, regarding the charge of actual extortion, the Court concluded that there was only sufficient evidence to establish that an attempt had been made to commit the offenses.

The Court further expressed its opinion that the prosecution had failed to prove the payment of extortion amounts by the deceased and other water tanker owners to the accused. This failure was particularly highlighted by the fact that most of the witnesses had turned hostile.

The Court additionally expressed that even in the absence of corroborative or independent evidence demonstrating the payment of extortion money as stated in dying declarations, the prosecution could still be considered to have successfully proven the charge of attempts to commit the offense of extortion. Furthermore, the Court found sufficient evidence to prove the charge of criminal conspiracy for criminal intimidation under the second part of Section 506 of the IPC.

Having found Jarwal and Nagar guilty of the offenses, the Court, before determining the punishment and the amount of compensation to be paid to the victim’s family, has directed the convicts to file their affidavits disclosing their assets and income.

This directive aligns with a Delhi High Court judgment, which also mandates the prosecution to file an affidavit regarding the expenses incurred in the prosecution of the case.