STATE vs SHIV KUMAR

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 23.09.2025 + CRL.A. 981/2016 STATE .....Appellant Through: Mr. Pradeep Gahalot, APP for State versus SHIV KUMAR .....Respondent Through: None CORAM: HON'BLE MR. JUSTICE MANOJ KUMAR OHRI JUDGMENT (ORAL) 1. The present appeal has been filed against the judgement of acquittal dated 24.01.2015 passed by Special Judge, (PC Act-05), Tis Hazari Courts, Delhi in Corruption Case No. 20/2013 arising out of FIR No. 08/2011 registered under Sections 7/13 of Prevention of Corruption Act, (hereinafter, referred to as „PC Act‟) at P.S. Anti-Corruption Branch, Delhi. Vide the impugned judgement, the respondent was acquitted for the offences under Sections 7/13 PC Act. 2. The facts in a nutshell are that on 03.10.2011, the complainant/Inder Mohan Verma approached PS-ACB, Delhi, alleging that respondent/Shiv Kumar, an official of the Delhi Jal Board, demanded a bribe of Rs. 600/- for processing his application for water connection. On the basis of this complaint, a raiding party was constituted, consisting of the complainant (PW9), the panch witness Mr. Bhagwati Prasad (PW10), Insp. Yash Pal Signature Not Verified Digitally Signed CRL.A. 981/2016 Page 1 of 8 By:NIJAMUDDEE N ANSARI Singh (PW12) who was the Raid Officer, Inspector B.K.Singh, Ct. Jai Krishnan and Ct. Ramesh. Complainant had brought one GC note of Rs.500/- & Rs. 100/- each. Their serial numbers were recorded, and phenolphthalein powder was applied to the notes. Panch witness was given instructions to signal by hurling his head twice over his head, on handing over of the bribe. At 05:15 PM, the raiding party left the ACB office for Sant Nirankari Public School. They met the respondent at the gate of the school. The Raid Officer received the pre-determined signal fr