K.C.SHARMA vs C.B.I.

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment Reserved on: 17.03.2026 Judgment pronounced on: 02.04.2026 + CRL.A. 229/2004 K.C.SHARMA .....Appellant Through: Mr. M.S. Khan, Mr. Akbar Kaleem, Mr. M. Yasir Khan and Mr. M. Arshyam, Advocates. versus C.B.I. .....Respondent Through: Mr. Atul Guleria, SPP for CBI with Mr. Aryan Rakesh, Advocate. 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. 32/1997 on the file of the Court of Special Judge, Delhi, challenging the conviction entered and the sentence passed against him for the offences punishable under Sections 7 and 13(2) read Signature Not Verified CRL.A. 229/2004 Page 1 of 46 Signed By:KOMAL DHAWAN Signing Date:02.04.2026 16:48:05 with Section 13(1) of the Prevention of Corruption Act, 1988 (the PC Act). 2. The prosecution case is that the accused, while serving as a public servant in the capacity of an Assistant Sub-Inspector (ASI) in the Delhi Police and posted at Tis Hazari police post, on 12.07.1996 between 04:30 PM to 04:50 PM, demanded and accepted illegal gratification of ₹1,000/- from PW5 as a motive or reward for accepting a bail bond to be executed by the latter pursuant to an anticipatory bail order in his favour. It is further alleged that the accused obtained pecuniary advantage of ₹1,000/- without any public interest. Hence, as per the charge-sheet/final report the accused is alleged to have committed offences punishable under Section 7 and Section 13(2) read with Section 13(1)(d) of the PC Act. 3. On 12.07.1996, PW5 lodged a complaint, that is, Ext. PW5/A, with the Anti-Corruption Branch, New Delhi, based on which, Crime no. RC 58(A)/9