Delhi High Court Acquits Clerk In Three Decade Old Case Over Alleged ₹500 Bribe, Says CBI Failed To Prove Case

The Delhi High Court has acquitted a former clerk of the Delhi Electric Supply Undertaking (DESU) in a corruption case dating back to 1994, holding that the prosecution failed to prove beyond reasonable doubt that the accused had demanded or accepted a bribe.Justice Chandrasekharan Sudha set aside the 2003 judgment of the Special Judge, which had convicted the Appellant under Sections 7 and 13 of the Prevention of Corruption Act.The case originated from a complaint lodged by a consumer alleging that the accused, then working as a junior clerk in the DESU office, had demanded ₹500 to correct an electricity bill issued to him. According to the prosecution, the complainant approached the Anti-Corruption Branch, following which a trap was laid on August 8, 1994. During the trap proceedings, the complainant allegedly handed over the tainted currency notes to a paan vendor outside the office, who then passed the money to the accused. The trial court convicted the clerk, leading to this appeal. The High Court, at the outset, noted that the complainant, who had initially supported the prosecution during his examination-in-chief, later turned hostile during cross-examination and stated that the demand for bribe had actually been made by another person named Raj Kumar and not by the Appellant.“Mere acceptance of illegal gratification without proof of offer by the bribe giver and demand by the public servant would not constitute an offence under Sections 7 and 13(1)(d)(i) and (ii) of the PC Act,” it thus observed.The Court further observed that evidence suggested the presence of a third person during the trap proceedings who was allegedly apprehended but was not examined as a witness during trial, despite being cited in the charge sheet.“The materials on record do not show as to why this witness was not examined by the prosecutor,” it said.As such, the Court set aside the conviction and acquitted the appellant.Appearance: Mr. Yudhishtar Kahol with Mr. Nikhil Singh, Mr. Kunal Kahol, Advocates along with appellant in person; Ms. Rajni Gupta, SPP for CBI with Mr. Shivender Gupta, Advocate.Case title: Rajinder Kumar v. CBICitation: 2026 LiveLaw (Del) 273Case no.: CRL.A. 733/2003Click here to read order

Delhi High Court Acquits Clerk In Three Decade Old Case Over Alleged ₹500 Bribe, Says CBI Failed To Prove Case

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