DINESH DUTT vs STATE OF DELHI

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment Reserved on: 01.04.2026 Judgment pronounced on: 06.04.2026 + CRL.A. 625/2004 DINESH DUTT .....Appellant Through: Mr. M.L. Yadav, Mr. Rambeer Sing Kundu, Mr. Prashant and Mr. Piyush Saini, Advocates versus STATE OF DELHI .....Respondent Through: Mr. Utkarsh, APP for State. CORAM: HON'BLE MS. JUSTICE CHANDRASEKHARAN SUDHA JUDGMENT CHANDRASEKHARAN SUDHA, J. 1. This appeal under Section 374 of the Code of Criminal Procedure, 1973 (the Cr.P.C.) has been filed by the sole accused in C.C. No. 85/1998 on the file of the Court of Special Judge, Delhi challenging the conviction entered and sentence passed against him for the offences punishable under Sections 7 and 13(2) read with 13(1)(d) of the Prevention of Corruption Act, 1988 (the PC act). Signature Not Verified CRL.A. 625/2004 Page 1 of 30 Signed By:KOMAL DHAWAN Signing Date:06.04.2026 15:45:50 2. The prosecution case is that on 28.10.1997 at 02.15 p.m., the accused, while serving as Company Commander, Delhi Home Guard, in discharge of his official duties, demanded and accepted an amount of ₹100/- from PW3 as illegal gratification for assigning him traffic duty in Patel Nagar Zone. 3. On 28.10.1997, PW3 lodged a complaint, that is, Ext. PW3/A, with the Anti-Corruption Branch, New Delhi, based on which, Crime No. 44/1997, Ext. PW11/B FIR was registered by PW11, the Assistant Sub-Inspector (ASI) alleging commission of the offences punishable under Section 7 and 13 of the PC Act. 4. PW7, Inspector, Anti-Corruption Branch, conducted investigation into the crime and on completion of the same, submitted the charge-sheet/ final report alleging commission of the offences punishable under the abovementioned sections. 5. Ext. PW7/A Sanction Order for prosecuting the accused was acc