MAHENDER PRASAD vs STATE (C.B.I)

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment Reserved on: 12.02.2026 Judgment pronounced on: 17.03.2026 + CRL.A. 207/2006 MAHENDER PRASAD .....Appellant Through: Ms. Riya Kumar, Advocate versus STATE (C.B.I) .....Respondent Through: Mr. Kamal Kant Goel, SPP for CBI with Ms. Jyoti Goel, Advocate JUDGMENT CHANDRASEKHARAN SUDHA, J. 1. This appeal under Section 374of the Code of Criminal Procedure, 1973 (the Cr.P.C.) has been filed by the sole accused in C.C.No.48/2003 on the file of the Court of Special Judge, Delhi, challenging the conviction entered and sentence passed against him 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). 2. The prosecution case is that on 05.02.2003 at about 02.20 PM, the accused, a public servant, while working as CRL.A. 207/2006 Page 1 of 15 Signature Not Verified Signed By:KOMAL DHAWAN Signing Date:18.03.2026 10:21:31 Malaria Inspector in the Municipal Corporation of Delhi (MCD), demanded and accepted a sum of ₹500/- from PW4 as illegal gratification for not prosecuting him for maintaining his dhaba in an unhygienic and unclean condition, and thereby committed offences punishable under Section 7 and Section 13(2) read with Section 13(1)(d) of the PC Act. 3. On 05.02.2003, PW4 lodged a complaint, that is, Ext. PW4/A, with the S.P., Anti-Corruption Branch, CBI, New Delhi, based on which crime, RCDAI-2003-A-0009, that is, Ext. PW9/A FIR was registered alleging commission of the offence punishable under Section 7 of the PC Act. 4. PW10, Sub-Inspector (SI), Anti-Corruption Branch, CBI, New Delhi, conducted investigation into the crime and on completion of the same, submitted the charge-sheet/ final report alleging commission of the offences punis