Accused Shahzad Ahmad moved the plea before Additional Sessions Judge Rajender Kumar Shastri saying the judge should visit the spot in Jamia Nagar to see if it was possible for anyone to jump off the balcony from the fourth floor.
Delhi Police opposed his plea saying it has sufficient circumstantial evidence and phone call records to prove that Shahzad was present in the Jamia Nagar flat at Batla House and was among those who fired at the police party leading to the death of inspector M C Sharma.
Tamta also claimed that Shahzad was not at the flat and has been implicated in the case.
The court, however, declined the plea saying that layout of the building had not been disputed by the police.
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"Every fact that you want to prove is already admitted by the prosecution. What difference would it make if the presiding officer visits the place," the judge asked.
The police rebutted Shahzad's claim that neither was he present in the flat with other associates nor had he fired at the raiding party and also that he was kidnapped from his village Khalispur in Azamgarh, Uttar Pradesh.
It said that the police personnel who were members of the raiding party have identified Shahzad as one of the occupants of the flat who fired at the raiding team and then escaped with another associate.