AAP MLA Sukhbir Dalal AAP MLA Sukhbir Dalal

A Delhi court Tuesday acquitted AAP MLA Sukhbir Singh Dalal and two others, who were accused of taking a man from the custody of Maharashtra Police and fleeing with him from Nangloi police station in 2015, observing that “the entire incident as alleged is absolutely false and made up”.

Dalal, the MLA from Mundka, was accused of turning up at Nangloi police station on July 8, 2015, along with 30-40 supporters, and pressuring police to release Rohtash Tomar, who was picked up by Maharashtra Police for allegedly buying stolen plastic granules.

Pulling up the Delhi Police, Additional Chief Metropolitan Magistrate Samar Vishal said the submissions made by the defence counsel “established that the entire incident as alleged is absolutely false and made up. These submissions are convincing to come to a conclusion that the case of the prosecution has serious loopholes”.

The turning point in the case was the discovery of an important piece of evidence, a daily diary entry, recorded by an assistant sub-inspector from Maharashtra Police.

The court said the ASI has clearly recorded that Tomar had joined the investigation and was handed over to Dalal, and had been directed to come to the police station the next day.

The ACMM noted: “This DD has completely falsified the case of the prosecution that Tomar was either forcibly taken away or he slipped from the spot. It was submitted by the defence that the investigating officer deliberately concealed DD wherein it is clearly mentioned that Tomar had joined investigation and he was being relieved at 1.15 am and has been asked to come back in the morning. This DD is contemporaneously recorded under the instruction of prosecution witness 15 (the ASI).”

“It is clear that the prosecution has no legs to stand on. The case is not proved beyond reasonable doubt against the accused persons. Accordingly, the accused Rohtash Tomar, Rajesh alias Raje and Sukhbir Singh Dalal are acquitted,” the court said.

Dalal told The Indian Express, “I have complete faith in the judiciary and no faith in the police. They (police) filed a false case against me. I cannot even imagine what they do to the common man.”

As per court records, the ASI admitted to the DD and confirmed that the contents are correct. “This document demolishes the entire case of the prosecution. If the accused Tomar was in fact arrested or that he slipped away or was rescued by other accused persons at about 11.30 am, then there was no occasion for (the ASI) to record DD dated July 9, 2015,” the court said.

Further, no complaint has been filed either by Maharashtra Police or by Delhi Police regarding fleeing of the accused from police custody, it noted.

Further, as per rules, Maharashtra Police was required to inform SHO Nangloi regarding the arrest and taking away of Tomar to Maharashtra, and a DD was required to be recorded in that regard. But neither is anything recorded, nor has any such document been produced, the court said.

The court also said there were discrepancies in the statements of Delhi Police and Maharashtra Police, and a 43-day delay in registration of the FIR .

As per court records, Inspector Ramphal Singh, who was the SHO of Police Station Nangloi, deposed that Dalal along with his supporters came in front of the vehicle of Maharashtra Police and forcibly took Tomar from their custody. But ASI Jitender Tulsiram Watve, who was in the Maharashtra Police team, deposed during cross-examination that Tomar left the spot by taking advantage of the crowd, and no one had rescued him from the spot.

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