RAJINDER KUMAR vs C.B.I.

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment Reserved on: 10.03.2026 Judgment pronounced on:16.03.2026 + CRL.A. 733/2003 RAJINDER KUMAR .....Appellant Through: Mr. Yudhishtar Kahol with Mr. Nikhil Singh, Mr. Kunal Kahol, Advocates along with appellant in person. versus C.B.I. .....Respondent Through: Ms. Rajni Gupta, SPP for CBI with Mr. Shivender Gupta, 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 first accused (A1) in C.C.No. 49/1994 on the file of the Court of Special Judge, Delhi challenging the conviction entered and sentence passed against him for the offences punishable under Sections 7 and 13(2) CRL.A. 733/2003 Page 1 of 33 Signature Not Verified Signed By:KOMAL DHAWAN Signing Date:16.03.2026 17:36:12 of the Prevention of Corruption Act, 1988(the PC Act)read with Section 120-B of the Indian Penal Code, 1860 (the IPC). 2. The prosecution case is that on 08.08.1994, A1, while working as a Junior Clerk in the District Office of Delhi Electric Supply Undertaking (DESU) at Radhu Palace, Delhi, entered into a criminal conspiracy with the second accused (A2), who was running a pan shop outside the DESU office, to obtain illegal gratification from PW1 for showing favour in adjusting the previous credit relating to an electricity connection installed at the PW1’s residence. Pursuant to the said conspiracy, on 08.08.1994 at about 01.45 p.m., A1 demanded ₹500/- from PW1 and directed him to hand over the amount to A2. PW1 accordingly handed over the amount to A2, who accepted it and passed it to A1, who accepted the same as illegal gratification by abusing his official position. 3. On 08.08.1994, PW1 lodged a c