High Court Upholds Delhi Police Personnel's Conviction For Offering 50K Bribe To Judge, Acquits Two

Justice Neena Bansal Krishna however acquitted him of the charge of criminal conspiracy.

The single judge further acquitted Mukul Kumar and his father Ramesh Kumar.

The trio had been convicted by city's Rouse Avenue Court under Section 12 Prevention of Corruption Act (PC Act) and for criminal conspiracy under Section 120B IPC, and were sentenced to three years imprisonment.

As per the prosecution's case, it was their common object to offer a bribe to the complainant [Chandra Shekhar, Additional Sessions Judge, Tis Hazari Courts, Delhi] for showing favor to the accused no. 2 Mukul Kumar, as Judge Shekhar was a member of Recruitment Committee for recruitment of Peons for the Court.

ASI Dutt handed over an envelope with the words "SECRET" written on the same and containing Rs.50,000/­ cash and a photocopy of the roll number of Mukul who was to appear for interview for the post of orderlies.

He also tried to meet him but Judge Shekhar refused to meet him and thus, he left the envelope with Naib of the court for delivering the same to Judge Shekhar stating that he would understand on seeing the contents.

In their appeal, the High Court noted that the case presents another instance of corruption, “an ill that is so deeply embedded within our system that it fosters a general perception that anything can be bought with money.”

It further remarked that although the Nation achieved independence from foreign rule in 1947, it has regrettably failed to liberate itself from the deeply set and pervasive tentacles of corruption.

“Corruption is so frequent and rampant, infesting all avenues of Government service and officials high and low, and so entrenched and accepted is the practice of giving and accepting money, that only a few cases are ever reported,” it added.

Coming to the facts of the case, the High Court said that tthe prosecution has miserably failed to establish any conspiracy between Tara Dutt with the co-accused persons. Thus, the conviction under Section 120B IPC against the Appellants was held to be not sustainable and they were acquitted.

So far as the charge under PC Act is concerned, the Court said the Prosecution evidence overwhelmingly proved that Tara Dutt handed over a packet to the Complainant, through Head Constable Surender Kumar, which was found to contain Rs. 50,000/- along with the photocopy of Mukul Kumar's Interview Letter for the interview to be held by the Committee, of which the learned Judge was a member, on the next day.

“It requires no further elaboration that the money was intended to secure a favour for Mukul Kumar in the interview. There could not have been better corroborative evidence than the recovery of the envelope containing the money,” the Court said.

Though an argument was raised on behalf of Tara Dutt that his handwriting sample was not taken to confirm who had written the word “Secret” on the envelope, the Court said,

“This argument is specious; whosoever may have written the word “secret,” the most significant aspect was who delivered the packet, a fact that has been established against Tara Dutt beyond a reasonable doubt.”

As such, the conviction of Tara Dutt was upheld under Section 12 PC Act, while he was acquitted for the offence under S.120 B IPC

So far as Mukul Kumar and Ramesh Kumar are concerned, the Court said there is no offence proved against them and they were acquitted.

Appearance: Mr. Kundan Chandravanshi and Mr. Ravi Kumar, Advocates for Appellant; Mr. Shoaib Haider, APP for State with SI Neeraj P.S. Subzi Mandi.

Case title: Tara Dutt v. State (and connected appeal)

Citation: 2025 LiveLaw (Del) 1576

Case no.: CRL.A.315/2021 (and connected appeal)

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