$~

* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: 8^th November, 2024 Pronounced on:12^th March,2025 + CRL.A. 768/2014 RAM KUMAR .....Appellant Through: Mr. Sushil Bajaj, Mr. Bhavook Chauhan, Mr. Tushar Yadav & Mr.

Aadithya Aravindh, Advocates.

versus CBI .....Respondent Through: Mr. Atul Guleria, SPP, Mr. Pankaj Kumar with Mr. Aryan Rakesh, Advocates for CBI.

+ CRL.A. 789/2014 RAM KUMAR .....Appellant Through: Mr. Sushil Bajaj, Mr. Bhavook Chauhan, Mr. Tushar Yadav & Mr.

Aadithya Aravindh, Advocates.

versus CBI .....Respondent Through: Mr. Atul Guleria, SPP, Mr. Pankaj Kumar with Mr. Aryan Rakesh, Advocates for CBI.

CORAM:

HON'BLE MR. JUSTICE AMIT SHARMA

JUDGMENT

AMIT SHARMA, J.

1. The present appeals under Section 374(2) of the Code of Criminal Procedure, 1973, (for short, ‘CrPC’) have been filed assailing the impugned judgment of conviction and order on sentence dated 30.05.2014 and Signature Not Verified Digitally Signed Page 1 of 28

07.06.2014 respectively, passed by learned Special Judge, P.C. Act (CBI-09), Central District Tis Hazari Courts, Delhi, whereby the appellants have been convicted in CC No. 91/2011 arising out of FIR No. RC No. 48(A)/04, under Section 7 and Section 13(2) read with Section 13(1) of the Prevention of Corruption Act, 1988, (for short, ‘PC Act) registered with CBI.

2. Vide the aforesaid judgment of conviction and order on sentence, appellant, Ram Kumar (HC No. 391/W) s/o Sh. Hari Ram in CRL.A. 768/2014, (hereinafter referred to as ‘A-1’) was sentenced to undergo rigorous imprisonment for a period of 3 years for offence punishable under Section 7 of the PC Act with fine of Rs. 20,000/-, rigorous imprisonment for a period of 3 years for offence punishable under Section 13(2) read with Section 13(1)(d) of the PC Act with fine of Rs. 20,000/- and rigorous imprisonment for a period of 3 years for offence punishable under Section 120B read with Section 7 and Section 13(2) read with Section 13(1)(d) of the PC Act with fine of Rs. 20,000/-. Whereas the appellant, Ram Kumar (HC No. 232/W) s/o Sh. Lakhi Ram in CRL.A. 789/2014, (hereinafter referred to as ‘A-2’) was sentenced to undergo rigorous imprisonment for a period of 3 years for offence punishable under Section 7 of the PC Act with fine of Rs. 10,000/-, rigorous imprisonment for a period of 3 years for offence punishable under Section 13(2) read with Section 13(1)(d) of the PC Act with fine of Rs. 15,000/-, and rigorous imprisonment for a period of 3 years for offence punishable under Section 120B read with Section 7 and Section 13(2) read with Section 13(1)(d) of the PC Act with fine of Rs. 15,000/-.

3. It is pertinent to note that in CRL.A. 789/2014 filed on behalf of the A- 2 (Ram Kumar, HC 232/W), after the death of the latter, his wife filed an Signature Not Verified Digitally Signed Page 2 of 28 application being CRL.M.A. 8823/2023, which was allowed by this Court vide order dated 25.10.2024 and the appeal filed by A- 2 was allowed to be pursued by his wife.

FACTUAL BACKGROUND

4. Brief facts, necessary for the disposal of the present appeals, are as follows: -

i) The present appellants, A-1 and A-2, were posted as Head Constable in Delhi Police at PS Uttam Nagar during the year 2003.

ii) During 2002 and 2003, one Chetan Prakash s/o Babu Lal (hereinafter referred to as, ‘complainant/PW-3’) had captured several personnel of Delhi Police and Excise Department in a video taking money from bootleggers in the area under the jurisdiction of Police Station Uttam Nagar and the areas adjacent to it, in order to expose their corrupt practices. He had, then, filed a writ petition, i.e., W.P.(CRL) 367/2004, before this Court stating that he had recorded videos of police personnel and other government officials taking bribe from bootleggers and thereby seeking protection and direction for investigation by CBI in this regard. Vide order dated 04.10.2004, a Coordinate Bench of this Court directed the CBI to investigate the present matter. Accordingly, in compliance of the