HD. YAMIN @ YAMEEN KHAN vs STATE THR. C.B.I

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment Reserved on: 11.03.2026 Judgment pronounced on:16.03.2026 + CRL.A. 846/2004 MOHD. YAMIN @ YAMEEN KHAN .....Appellant Through: Mr. Yudhishtar Kahol with Mr. Kunal Kahol and Mr. Nikhil Kahol, Advocates. versus STATE THR. C.B.I .....Respondent Through: Mr. Kamal Kant Goel, SPP with Ms.Jyoti Goel, Advocate. 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.P.C.) the sole accused, in C.C. No. 106/2001 on the file of the Special Judge, Delhi, assails the judgment dated 06.10.2004 and order on sentence dated 12.10.2004 as per which he has been convicted and sentenced for the offences punishable under Section 7 and Section 13(2) read Signature Not Verified CRL.A. 846/2004 Page 1 of 50 Signed By:KOMAL DHAWAN Signing Date:16.03.2026 17:36:12 with Section 13(1)(d) of the Prevention of Corruption Act, 1988 (the PC Act). 2. The prosecution case is that the accused, while posted as Assistant Manager (Accounts) at ITDC, Hotel Samrat, New Delhi, on 29.11.1996 demanded illegal gratification of ₹500/- from PW3, whose taxies were attached with the Hotel Samrat on panel basis, for disbursing the payment of taxi bills, which had already been passed and approved by the General Manager at ITDC, Hotel Samrat, New Delhi. 3. Sanction for prosecution was accorded by PW2, the then Vice President (Credit and Collection), ITDC, New Delhi, vide Ext. PW2/A. 4. Crime no. RC 83(A)/1996, dated 29.11.1996 was registered on the basis of PW3/A complaint of PW3. After completion of investigation by PW10, a charge-sheet dated 29.05.1997 was filed against the appellant alleging the commission of the offences punishable under the aforem