KALI CHARAN & ANR. vs UOI & ANR.

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment Reserved on: 24.02.2026 Judgment pronounced on: 10.03.2026 + CRL.A. 529/2003 KALI CHARAN & ANR. .....Appellants Through: Mr. H.K. Chaturvedi, Adv. for A-l. Mr. Himanshu Sethi and Ms. Aishwarya Chhabra, Advocate for A- 2. versus UOI & ANR. .....Respondents Through: Mr. Rajesh Kumar, SPP for CBI with Mr. Changez Khan and Mr. Siddharth Shekhar, Advocates for CBI. CORAM: HON'BLE MS. JUSTICE CHANDRASEKHARAN SUDHA JUDGMENT CHANDRASEKHARAN SUDHA, J. 1. This appeal under Section 374, 386(b)(i) read with Section 482 of the Code of Criminal Procedure, 1973 (the Cr.P.C.) has been filed by accused nos. 1 and 3 (A1 and A3) in C.C.No.11/1986 (New No. 331/1994) on the file of the Court of Special Judge, Delhi, challenging the conviction entered and sentence passed against them for the offences punishable under Section120-B read Signature Not Verified CRL.A. 529/2003 Page 1 of 68 Signed By:KOMAL DHAWAN Signing Date:10.03.2026 13:09:21 with Section 409 of the Indian Penal Code, 1860 (the IPC) and Sections 5(1)(c) and 5(1)(d) of the Prevention of Corruption Act, 1947 (the PC Act) read with 120-B IPC. A1 has also been convicted under Sections 409 and 201 IPC. 2. The prosecution case is that during the period from August 1981 to March 1982, the accused persons, namely, A1 (Inspector), A2 (Assistant Engineer), A3 (Assistant Engineer), A5 (Mazdoor), being public servants and employees of the Delhi Electric Supply Undertaking (DESU), along with A6 and A4 (since deceased), PW2 (approver) and A8, entered into a criminal conspiracy to dishonestly and fraudulently misappropriate electrical materials belonging to DESU, by withdrawing the same from stores on the basis of forged and false store-issue dockets. It is alleged that 18 forged store iss