HARI PRASAD PANDEY vs THE STATE THRU C.B.I.

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment Reserved on: 06.04.2026 Judgment pronounced on: 16.04.2026 + CRL.A. 789/2003 HARI PRASAD PANDEY .....Appellant Through: Mr. Anurag Andley, Mr. Aditya Antlay and Mr. Sahil Nagar, Advocates. Versus THE STATE THRU. C.B.I .....Respondent Through: Mr. Vikrant Pachnanda and Mr.Mukul Katyal, Advocates. CORAM: HON'BLE MS. JUSTICE CHANDRASEKHARAN SUDHA JUDGMENT CHANDRASEKHARAN SUDHA, J. 1. In this appeal filed under Section 374 of the Code of Criminal Procedure, 1973, (the Cr.PC) the sole accused, in C.C. No. 80/1998 on the file of the Special Judge, Delhi, assails the judgment dated 19.11.2003 and order on sentence dated 24.11.2003 as per which he has been convicted and sentenced for the offences punishable under Section 7 and Section 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act, 1988 (the PC Act). Signature Not Verified CRL.A. 789/2003 Page 1 of 40 Signed By:KOMAL DHAWAN Signing Date:17.04.2026 17:35:21 2. The prosecution case is that the accused, while employed and posted as Section Officer in the Freedom Fighters Division, Ministry of Home Affairs, Government of India, Lok Nayak Bhavan, New Delhi, on 08.07.1991 and 10.07.1991 demanded and received illegal gratification of ₹2000/- from the complainant, late Devesh Singh, as a motive or reward for sanctioning Freedom Fighter Pension to his father, thereby obtained pecuniary advantage by abusing his official position. Hence, as per the chargesheet/ final report, the accused was alleged to have committed the offences punishable under Section 7 and Section 13(1)(d) read with Section 13(2) of the PC Act. 3. Crime no. RC 42(A)/91-DLI dated 11.07.1991 was registered based on Ext. PW2/A complaint of late Devesh Singh. After completion of investigation, a cha