State vs Bijinder Singh - 2023 Supreme(Del) 2902

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Del) 2902

SWARANA KANTA SHARMA
State – Appellant
Versus
Bijinder Singh – Respondent

Advocates appeared:
Mr. Manoj Pant, APP for State, for the Petitioner.
Dr. M.P. Raju with Mr. Krishna Kumar, Advocates alongwith Respondent in Person, for the Respondent.

JUDGMENT

Swarana Kanta Sharma, J.

1. The present appeal under Section 378 of the Code of Criminal Procedure, 1973 ('Cr.P.C.) has been filed by the State against the judgment dated 06.01.2010 passed by learned Special Judge, Delhi ('Trial Court.) in CC No. 36/2005 whereby the respondent was acquitted for offences punishable under Section 7 and 13(2) of the Prevention of Corruption Act, 1988 ('P.C. Act, 1988.).

2. To state briefly, the case of prosecution before the Trial Court was that a complaint dated 02.09.2004 was lodged with Anti-Corruption Branch, Delhi by one Parmod Kumar, i.e. complainant, against Bijender Singh, i.e. respondent/accused, who was working as MohararMalkhana at Police Station ('P.S..) Narela at that time.

2.1. The complainant had stated that on 27.08.2004, he had gone to the office of NDPL, Narela, Delhi on his Motorcycle to deposit electricity bill, and had found his motorcycle missing when he had come out of the office. Upon inquiring, he had come to know that his motorcycle was seized by the police officials of P.S. Narela. On 01.09.2004, the complainant had moved an application in the office of ACP, Narela for release of his motorcycle, and an order was th