Hd. Yamin @ Yameen Khan vs State Thr. C.B.I on 16 March, 2026

    0
    39
    ADVERTISEMENT

    Delhi High Court

    Hd. Yamin @ Yameen Khan vs State Thr. C.B.I on 16 March, 2026

                              *      IN THE HIGH COURT OF DELHI AT NEW DELHI
                              %                                 Judgment Reserved on: 11.03.2026
                                                                Judgment pronounced on:16.03.2026
                              +      CRL.A. 846/2004
                                     MOHD. YAMIN @ YAMEEN KHAN                        .....Appellant
                                                       Through:      Mr. Yudhishtar Kahol with Mr. Kunal
                                                                     Kahol and Mr. Nikhil Kahol,
                                                                     Advocates.
    
                                                       versus
    
                                     STATE THR. C.B.I                                 .....Respondent
                                                       Through:      Mr. Kamal Kant Goel, SPP with
                                                                     Ms.Jyoti Goel, Advocate.
    
                              CORAM:
                              HON'BLE MS. JUSTICE CHANDRASEKHARAN SUDHA
                                                       JUDGMENT
    

    CHANDRASEKHARAN SUDHA, J.

    1. In this appeal filed under Section 374 of the Code of

    SPONSORED

    Criminal Procedure, 1973, (the Cr.P.C.) the sole accused, in C.C.

    No. 106/2001 on the file of the Special Judge, Delhi, assails the

    judgment dated 06.10.2004 and order on sentence dated

    12.10.2004 as per which he has been convicted and sentenced for

    the offences punishable under Section 7 and Section 13(2) read

    Signature Not Verified CRL.A. 846/2004 Page 1 of 50
    Signed By:KOMAL
    DHAWAN
    Signing Date:16.03.2026
    17:36:12
    with Section 13(1)(d) of the Prevention of Corruption Act, 1988

    (the PC Act).

    2. The prosecution case is that the accused, while posted

    as Assistant Manager (Accounts) at ITDC, Hotel Samrat, New

    Delhi, on 29.11.1996 demanded illegal gratification of ₹500/- from

    PW3, whose taxies were attached with the Hotel Samrat on panel

    basis, for disbursing the payment of taxi bills, which had already

    been passed and approved by the General Manager at ITDC, Hotel

    Samrat, New Delhi.

    3. Sanction for prosecution was accorded by PW2, the

    then Vice President (Credit and Collection), ITDC, New Delhi,

    vide Ext. PW2/A.

    4. Crime no. RC 83(A)/1996, dated 29.11.1996 was

    registered on the basis of PW3/A complaint of PW3. After

    completion of investigation by PW10, a charge-sheet dated

    29.05.1997 was filed against the appellant alleging the commission

    of the offences punishable under the aforementioned sections.

    Signature Not Verified CRL.A. 846/2004 Page 2 of 50
    Signed By:KOMAL
    DHAWAN
    Signing Date:16.03.2026
    17:36:12

    5. When the accused was produced before the trial court,

    all the copies of the prosecution records were furnished to him as

    contemplated under Section 207 Cr.P.C. After hearing both sides,

    the trial court vide order dated 20.02.1998, framed a Charge under

    Section 7 and Section 13(2) read with Section 13(1)(d) of the PC

    Act, which was read over and explained to the accused, to which

    he pleaded not guilty.

    6. On behalf of the prosecution, PWs. 1 to 11 were

    examined and Exhibits PW1/A-D, P1-56, PW2/A, PW3/A,

    PW4/A-B were marked in support of the case.

    7. After the close of the prosecution evidence, the accused

    was questioned under Section 313(1)(b) Cr.P.C. regarding the

    incriminating circumstances appearing against him in the evidence

    of the prosecution. The accused denied all those circumstances and

    maintained his innocence. He submitted that he has been falsely

    implicated in this case due to personal and union rivalry and at the

    instance of interested persons. According to him, PW3, who was

    Signature Not Verified CRL.A. 846/2004 Page 3 of 50
    Signed By:KOMAL
    DHAWAN
    Signing Date:16.03.2026
    17:36:12
    related to union leader one S.S. Upadhyaya, had a grudge against

    him as he had refused to process and release payments in violation

    of the prescribed rules and procedures of ITDC. PW3 wanted early

    release of certain bills and payments which were not due at the

    relevant time, and when he did not accede to such demands, a false

    complaint was lodged against him. He further submitted that he

    had always discharged his duties strictly in accordance with the

    departmental rules and guidelines and that he never came into

    direct contact with taxi operators, as their bills were processed

    through the prescribed channel. He asserted that during his long

    service of about 26 years, no complaint of corruption or

    misconduct had ever been made against him and that his integrity

    and efficiency had been recognized by the department, even

    earning him honorarium and responsible assignments. The

    investigation has been unfair and biased; the evidence had been

    fabricated and manipulated. He denied having demanded or

    accepted any bribe or illegal gratification from PW3 and claimed

    Signature Not Verified CRL.A. 846/2004 Page 4 of 50
    Signed By:KOMAL
    DHAWAN
    Signing Date:16.03.2026
    17:36:12
    that he had been made a victim of a conspiracy hatched by

    interested union elements to settle personal scores.

    8. On behalf of the accused, DWs. 1 to 7 were examined.

    No documentary evidence was adduced.

    9. On consideration of the oral and documentary evidence

    on record and after hearing both sides, the trial court, vide the

    impugned judgment dated 06.10.2004, held the accused guilty of

    the offences punishable under Section 7 and Section 13(2) read

    with Section 13(1)(d) of the PC Act. Vide order on sentence dated

    12.10.2004, the appellant has been sentenced to undergo rigorous

    imprisonment for a period of six months along with fine of

    ₹5,000/-, and in default of payment of fine, to undergo simple

    imprisonment for three months for the offence punishable under

    Section 7 of the PC Act, and to rigorous imprisonment for one year

    along with fine of ₹5,000/-, and in default of payment of fine, to

    undergo simple imprisonment for three months for the offence

    punishable under Section 13(2) read with Section 13(1)(d) of the

    Signature Not Verified CRL.A. 846/2004 Page 5 of 50
    Signed By:KOMAL
    DHAWAN
    Signing Date:16.03.2026
    17:36:12
    PC Act. The sentences have been directed to run concurrently.

    Aggrieved, the accused has preferred this appeal.

    10. The learned counsel for the appellant assailed the

    impugned judgment and order of sentence, submitting that the

    conviction recorded by the trial court is contrary to the evidence on

    record and is based upon conjectures and surmises rather than a

    proper appreciation of the material placed before the Court. It was

    contended that the prosecution case suffers from serious

    procedural irregularities which cast a grave doubt on its

    authenticity. In this regard, the learned counsel pointed out that

    though the FIR in the present case was allegedly registered on

    29.11.1996, the same was received in the Court of the learned

    Special Judge only on 02.12.1996 at about 4:00 PM. According to

    the learned counsel, this unexplained delay of nearly four days in

    forwarding the FIR to the Court strikes at the root of the

    prosecution case and indicates that the documents relied upon by

    the prosecution could have been prepared subsequently. It was

    Signature Not Verified CRL.A. 846/2004 Page 6 of 50
    Signed By:KOMAL
    DHAWAN
    Signing Date:16.03.2026
    17:36:12
    further submitted that the handing over memo, which was

    allegedly prepared prior to the trap proceedings, does not bear the

    Crime number, thereby lending support to the defence contention

    that the prosecution version was reconstructed at a later stage.

    10.1. It was further submitted that the testimony of the

    prosecution witnesses suffers from serious contradictions which

    render the prosecution version unreliable. It was contended that the

    evidence of PW7, Manager (Vigilance and Security), shows that

    he was called by the CBI officials at about 3:30 PM on the date of

    the alleged incident and when he reached the office of the accused

    he found the CBI officers already holding the accused by his

    wrists. According to the learned counsel, this statement clearly

    contradicts the prosecution case that PW3 and shadow witness had

    again approached the accused at about 5:00 PM and that the

    accused was apprehended only after the alleged acceptance of the

    bribe amount thereafter. Such contradiction regarding the time of

    apprehension of the accused, it was argued, seriously undermines

    Signature Not Verified CRL.A. 846/2004 Page 7 of 50
    Signed By:KOMAL
    DHAWAN
    Signing Date:16.03.2026
    17:36:12
    the prosecution story and creates a substantial doubt regarding the

    manner in which the trap proceedings were allegedly conducted.

    10.2. The learned counsel further submitted that the evidence

    on record indicates that the phenolphthalein powder used during

    the trap proceedings was already available in the room of the

    investigating officer and the demonstration was conducted there

    prior to the trap. According to the learned counsel, this

    circumstance raises a possibility that the powder might have been

    carried to the spot beforehand and that the alleged recovery of

    tainted currency notes was manipulated. The learned counsel

    further contended that PW1, the shadow witness had stated that

    PW3 was provided with an audio cassette recorder to record the

    conversation between PW3 and the accused. However, no such

    recording was produced before the Court, which creates a serious

    doubt regarding the prosecution version of the alleged demand and

    acceptance of bribe. It was also argued that although several

    persons were present in the office premises and the surrounding

    Signature Not Verified CRL.A. 846/2004 Page 8 of 50
    Signed By:KOMAL
    DHAWAN
    Signing Date:16.03.2026
    17:36:12
    area, no independent witness from the spot was joined in the trap

    proceedings, thereby casting doubt on the fairness and

    transparency of the investigation.

    10.3. It was next submitted that the prosecution failed to

    establish the very motive attributed to the appellant for allegedly

    demanding illegal gratification. According to the learned counsel,

    the evidence on record clearly demonstrates that PW3’s bills had

    not been approved or passed by the competent authority on the

    date of the alleged incident and therefore the payment could not

    have been released on that day in any event. It was argued that the

    departmental procedure required the approval and signature of the

    General Manager before any payment could be made and the

    evidence of the defence witnesses as well as the departmental

    records clearly indicates that such approval had not been granted at

    the relevant time. The learned counsel also pointed out that even

    according to the evidence on record, some of the bills were still

    under process and were not due for payment on the date of the

    Signature Not Verified CRL.A. 846/2004 Page 9 of 50
    Signed By:KOMAL
    DHAWAN
    Signing Date:16.03.2026
    17:36:12
    alleged trap. In these circumstances, it was contended that there

    was no occasion whatsoever for the appellant to demand any bribe

    from PW3 for clearing those bills.

    10.4. It was also submitted that the testimony of PW3 itself is

    unreliable and inconsistent. It was pointed out that PW3 claimed

    that he required the payment urgently for the marriage of his

    daughter and relied upon a wedding card in support of this

    assertion. However, the said wedding card did not contain PW3’s

    name as the father of the bride and in fact related to another

    person, namely, Sita Ram Dixit, whereas PW3’s father’s name is

    Ram Singh. According to the learned counsel, this discrepancy

    clearly demonstrates that the story put forward by PW3 regarding

    the urgency of payment for a family marriage was false and

    fabricated. It was further submitted that PW3 himself admitted that

    on earlier occasions his bills had been cleared by the appellant

    without any demand of bribe. This admission, according to the

    learned counsel, clearly indicates that there was no prior instance

    Signature Not Verified CRL.A. 846/2004 Page 10 of 50
    Signed By:KOMAL
    DHAWAN
    Signing Date:16.03.2026
    17:36:12
    of the appellant demanding illegal gratification from PW3 and the

    allegation made in the present case was therefore inherently

    improbable.

    10.5. The learned counsel also drew the attention of the

    Court to the circumstances prevailing on the date of the alleged

    incident and submitted that 29.11.1996 was a salary disbursement

    day in the office of the accused. According to the learned counsel,

    on such days the accounts staff remain engaged in disbursing

    salary to the employees and no other payments are processed. This

    circumstance, it was argued, further makes the prosecution story

    doubtful, since the appellant would have had no occasion to

    demand a bribe for clearing PW3’s bills when those bills were not

    even due for payment and the office was engaged in salary

    disbursement work.

    10.6. Lastly, the learned counsel for the appellant assailed the

    investigation conducted in the present case and submitted that the

    same was wholly defective and perfunctory. It was pointed out that

    Signature Not Verified CRL.A. 846/2004 Page 11 of 50
    Signed By:KOMAL
    DHAWAN
    Signing Date:16.03.2026
    17:36:12
    PW10, the Investigating Officer, admitted during cross-

    examination that he did not examine any witness to verify whether

    PW3’s bills had actually been passed by the competent authority.

    The Investigating Officer admitted that he merely recorded the

    statements of certain witnesses as per their narration without

    conducting any independent verification regarding the

    departmental procedure for clearance of bills. It was also submitted

    that the Investigating Officer did not conduct any inquiry

    regarding the wedding card relied upon by PW3 and did not verify

    whether the alleged circumstances stated in the complaint were

    correct. According to the learned counsel, such lapses in the

    investigation clearly demonstrate that the prosecution failed to

    conduct a fair and proper investigation in the matter. In view of

    these cumulative circumstances, the learned counsel for the

    appellant submitted that the prosecution failed to establish beyond

    reasonable doubt the essential ingredients of demand and

    Signature Not Verified CRL.A. 846/2004 Page 12 of 50
    Signed By:KOMAL
    DHAWAN
    Signing Date:16.03.2026
    17:36:12
    acceptance of illegal gratification and therefore the appellant was

    entitled to the benefit of doubt and consequent acquittal.

    11. Per contra, the learned Special Public Prosecutor

    supported the impugned judgment and submitted that the trial

    Court had correctly appreciated the evidence on record and had

    rightly convicted the appellant. The attention of this Court was

    drawn to the legal position under Section 7 of the PC Act as it

    stood in the year 1996 prior to the amendment of 2018. It was

    submitted that Explanation (d) to Section 7 clearly provides that

    even where a public servant receives gratification as a motive or

    reward for doing something which he does not intend to do or

    which he is not in a position to do, the offence would nevertheless

    fall within the ambit of the said provision. It was contended that,

    even assuming that PW3’s bills had not matured for payment and

    therefore there was no occasion for the appellant to demand a

    bribe, that circumstance would not exonerate the appellant, since

    acceptance of gratification as a motive or reward would still

    Signature Not Verified CRL.A. 846/2004 Page 13 of 50
    Signed By:KOMAL
    DHAWAN
    Signing Date:16.03.2026
    17:36:12
    squarely attract Section 7 of the Act. It was submitted that if the

    bills were indeed not payable, the appellant could have simply

    informed PW3 that payment could not be made at that stage, and

    the fact that he instead demanded money clearly attracts the

    ingredients of the offence.

    11.1. It was next submitted regarding the alleged delay in

    forwarding the FIR to the Court that the contention is

    misconceived and it was pointed out that the incident occurred on

    29.11.1996, which was a Friday, and the intervening days included

    Saturday and Sunday. The FIR was received in the Court on

    Monday, i.e., 02.12.1996. It was further submitted that

    immediately after the apprehension of the accused he was

    produced before the trial court within the legally stipulated time

    and the relevant documents including the copy of the FIR were

    placed before the Court. Therefore, the delay sought to be

    highlighted by the defence does not suggest any manipulation or

    infirmity in the prosecution case.

    Signature Not Verified CRL.A. 846/2004 Page 14 of 50
    Signed By:KOMAL
    DHAWAN
    Signing Date:16.03.2026
    17:36:12

    11.2. It was submitted that according to the prosecution case,

    no tape recording instrument was used for recording the

    conversation between PW3 and the accused. PW5 who had

    partially resiled from the prosecution version made a reference to

    such a device; however, it was argued that if the defence sought to

    rely upon such a circumstance, it was incumbent upon them to

    establish the existence and contents of such a recording. It was

    further submitted that the defence did not even put any specific

    suggestion to the prosecution witnesses suggesting that the

    conversation between PW3 and the accused was different from

    what has been deposed by the witnesses. In these circumstances,

    the appellant cannot derive any benefit from the alleged reference

    to a tape recording device.

    11.3. Further, it was contended that the argument advanced

    by the defence regarding the presence of other currency notes

    belonging to the accused, particularly the salary notes recovered

    from him, is devoid of merit. It was pointed out that the tainted

    Signature Not Verified CRL.A. 846/2004 Page 15 of 50
    Signed By:KOMAL
    DHAWAN
    Signing Date:16.03.2026
    17:36:12
    currency notes of ₹500 consisting of five currency notes of the

    denomination each of ₹100 each were treated with phenolphthalein

    powder and their numbers had been noted in the handing over

    memo prepared prior to the trap. These tainted notes were

    recovered from the possession of the accused. The presence of

    additional notes of ₹10/- and ₹5/- denomination, which may have

    represented the personal money of the accused including salary

    received on that day, does not in any manner dilute the prosecution

    case. It was submitted that the dipping of these additional notes in

    the sodium carbonate solution was only to ascertain whether they

    had come into contact with the tainted GC notes when they were

    kept together in the same pocket, and the fact that the solution

    turned pink confirmed that the tainted notes had indeed come into

    contact with the other currency notes recovered from the pocket of

    the accused.

    11.4. The learned Prosecutor further submitted that the

    argument that PW3’s bills had not matured for payment is equally

    Signature Not Verified CRL.A. 846/2004 Page 16 of 50
    Signed By:KOMAL
    DHAWAN
    Signing Date:16.03.2026
    17:36:12
    without merit. It was pointed out that the trial court had considered

    this aspect in detail and reference was made to paragraph 57 of the

    impugned judgment. It was submitted that even in the cross-

    examination of the prosecution witnesses, the defence itself had

    suggested that when PW3 met the accused for the second time, the

    accused had informed him that at least one bill of about ₹9,000 had

    been sanctioned. According to the learned Special Public

    Prosecutor, this suggestion itself indicates that some amount had

    already been sanctioned and the defence cannot now be permitted

    to contend that no bill whatsoever had matured for payment. In any

    event, even if the bills had not matured, the acceptance of

    gratification would still fall within the ambit of Section 7 of the PC

    Act.

    11.5. It was next contended that whether PW3 referred to the

    marriage of his daughter or his sister is wholly irrelevant to the

    determination of the guilt of the accused, as PW3 might have

    relied upon the urgency of a marriage in the family merely as a

    Signature Not Verified CRL.A. 846/2004 Page 17 of 50
    Signed By:KOMAL
    DHAWAN
    Signing Date:16.03.2026
    17:36:12
    reason to press for early payment of his bills. It was further

    submitted that any discrepancy regarding the colour of the pant

    worn by the accused is only a matter relating to the fallibility of

    human memory, particularly when the pant itself was shown to the

    witnesses during trial and duly identified by them. As regards the

    absence of pink colour on the pant pocket, it was submitted that

    when an object containing phenolphthalein powder is dipped into a

    sodium carbonate solution, it is the solution which changes colour

    and turns pink and not necessarily the object itself. Therefore, the

    said argument has no force in law.

    11.6. Lastly, the learned Prosecutor submitted that the

    prosecution case is fully supported by the testimony of PW3 and

    PW 11, the trap laying officer, and is corroborated by the recovery

    of the tainted currency notes as well as the positive

    phenolphthalein test. Reliance was placed upon the decision of the

    Supreme Court in State of U.P. v. G.K. Ghosh, (1984) 1 SCC

    254, to submit that a citizen ordinarily does not approach the

    Signature Not Verified CRL.A. 846/2004 Page 18 of 50
    Signed By:KOMAL
    DHAWAN
    Signing Date:16.03.2026
    17:36:12
    vigilance authorities lightly to arrange a trap against a public

    servant, as doing so involves considerable inconvenience, effort

    and risk. It was further submitted that the trap laying officer cannot

    automatically be treated as an unreliable witness merely because

    he forms part of the raiding party, since it cannot ordinarily be

    presumed that a police officer would fabricate evidence to falsely

    implicate an innocent public servant. According to the learned

    Special Public Prosecutor, where the testimony of PW3 and the

    trap laying officer is supported by circumstantial evidence such as

    recovery of tainted currency notes and positive chemical test

    results, the Court can safely rely upon such evidence even if

    certain witnesses do not fully support the prosecution case. On the

    strength of the aforesaid submissions, it was contended that the

    prosecution had successfully established the demand and

    acceptance of illegal gratification by the appellant beyond

    reasonable doubt and that the trial court had rightly appreciated the

    Signature Not Verified CRL.A. 846/2004 Page 19 of 50
    Signed By:KOMAL
    DHAWAN
    Signing Date:16.03.2026
    17:36:12
    evidence on record while convicting the appellant, and therefore

    the present appeal deserves to be dismissed.

    12. Heard both sides and perused records.

    13. The only point that arises for consideration in the

    present appeal is whether there is any infirmity in the impugned

    judgement calling for an interference by this court.

    14. I shall first briefly refer to the evidence on record relied

    on by the prosecution in support of the case. The demand in this

    case is alleged to have taken place on 29.11.1996 and the trap laid

    on the very same day. PW3 submitted a written complaint, that is,

    Exhibit PW3/A on 29.11.1996 in the office of the CBI in which he

    has stated thus: – He has two taxis bearing registration of the DL-1

    series which have been operating on a panel basis with ITDC

    (India Tourism Development Corporation) for about two years.

    His taxi bills for the past few months amounting to approximately

    ₹32,000/- were pending for payment with ITDC. Although the said

    bills had already been passed, the accused/appellant, who was

    Signature Not Verified CRL.A. 846/2004 Page 20 of 50
    Signed By:KOMAL
    DHAWAN
    Signing Date:16.03.2026
    17:36:12
    working as Accounts Officer, ITDC and was posted in the

    basement office of Hotel Samrat, demanded ₹500/- from him as

    illegal gratification for releasing the payment of the said bills. On

    the morning of 29.11.1996, when PW3 met the accused and

    requested for the payment of his pending bills, the accused

    demanded ₹500/- and directed him to meet him again in the

    afternoon with the said amount, assuring that only thereafter the

    payment of the bills would be processed. According to PW3, he

    did not wish to pay the bribe demanded by the accused and

    therefore approached the CBI seeking appropriate legal action

    against the latter.

    14.1. PW3, when examined before the trial court deposed

    that in November 1993, he was operating a travel agency and had

    two taxis on the panel of the ITDC. For several months, his bills

    regarding the two taxis, totalling approximately Rs. 41,000/-,

    remained pending for payment. Although these bills had already

    been sanctioned and sent for payment by the General Manager of

    Signature Not Verified CRL.A. 846/2004 Page 21 of 50
    Signed By:KOMAL
    DHAWAN
    Signing Date:16.03.2026
    17:36:12
    ITDC, the accused, who was the Manager of Accounts, withheld

    the payment. According to PW3, on the morning of 29.11.1996,

    PW3 met the accused at his office and requested the release of his

    pending payments, explaining that he required the funds for his

    daughter’s marriage. In response, the accused demanded a bribe of

    ₹500/- to process the payment and instructed PW3 to pay the

    amount that same day. Thereafter, PW3 proceeded to the CBI

    office, where he met with the SP (CBI/ACB) and narrated the facts

    of the matter. PW3 then lodged Exhibit PW3/A written complaint.

    Subsequently, the SP summoned PW11 Inspector and handed over

    the complaint to him. PW11 then took PW3 to his room and

    requisitioned two independent witnesses, namely, PW1 and PW5.

    14.2. PW3 deposed in detail regarding the pre-trap

    proceedings. PW3 further deposed that the team departed from the

    CBI office in official vehicles at approximately 3:30 PM, arriving

    near the Samrat Hotel Garage. Shortly thereafter, where vehicles

    were parked at a discreet distance. Acting on the directions of

    Signature Not Verified CRL.A. 846/2004 Page 22 of 50
    Signed By:KOMAL
    DHAWAN
    Signing Date:16.03.2026
    17:36:12
    PW11, the TLO, he along with PW1, the shadow witness, entered

    the Samrat Hotel Garage building to reach the office of the

    accused. Other members of the raiding party took up their

    designated positions outside the garage. Upon arrival at the office,

    he saw the accused disbursing salaries to the staff. The accused

    informed him that he was busy and instructed him to return once

    the salary distribution was completed. He along with PW1 then

    exited the office and informed the CBI officials of the delay. PW3

    further deposed that at around 5:00 PM, he and PW1 returned to

    the office of the accused. Inside the office, the accused inquired if

    he had brought the money (“Paise laaye ho”), to which PW3

    confirmed in the affirmative (“Laye ha sir”). PW3 then produced

    the tainted ₹500/- from his pocket and extended it to the accused.

    The accused accepted the currency with his left hand, transferred it

    to his right hand, and placed the money into the right-hand pocket

    of his pant. The accused questioned PW3 regarding PW1’s

    identity, to which PW3 introduced PW1 as his son. PW1 gave the

    Signature Not Verified CRL.A. 846/2004 Page 23 of 50
    Signed By:KOMAL
    DHAWAN
    Signing Date:16.03.2026
    17:36:12
    pre-arranged signal to the CBI team, who then entered the office.

    PW11 and another Inspector (Shri Negi) apprehended the accused

    by his arms. PW11 disclosed his identity. Subsequently, PW7, a

    security officer, was summoned to the scene, and a manager from

    the office of the accused also arrived. Following the apprehension

    of the accused, PW11 conducted a search of the accused’s pant

    pocket, resulting in the recovery of ₹540/-, comprising five ₹100/-

    notes, four ₹10/- notes, and two ₹5/- notes. PW3 further deposed

    regarding the formalities that were complied with by the CBI team

    thereafter, including the fact that the carbonate solution turned

    pink when the appellant/accused was made to dip his left hand

    fingers in the same. The inner lining of the right trouser pocket

    worn by the appellant/accused also turned pink on being dipped in

    the solution.

    14.3. PW3, in his cross-examination, admitted that the

    accused had cleared previous taxi service bills without demanding

    any bribe; however, he clarified that those prior bills were

    Signature Not Verified CRL.A. 846/2004 Page 24 of 50
    Signed By:KOMAL
    DHAWAN
    Signing Date:16.03.2026
    17:36:12
    generally for smaller amounts, between ₹8,000/- and ₹10,000/- per

    month. There was no fixed timeline for bill clearance, with some

    settled within three months and others taking four to six months.

    PW3 further deposed that the accused had demanded a bribe

    specifically for the clearance of one bill for ₹9,144/- and several

    other bills totalling approximately ₹32,000/-, though he could not

    confirm the exact total without reviewing the documents. Upon

    being shown Exhibit P44, a bill for July 1996 for ₹9,611.60, PW3

    explained the discrepancy in his complaint by stating that the

    figure of ₹9,141/- cited therein was the final amount for which

    ITDC had actually passed the bill. PW3 denied the suggestion that

    the bills had not been approved by the relevant authority at the

    time the complaint was filed.

    14.4. PW3 further deposed that he proceeded to the office of

    the CBI on his own initiative on the morning of November 29

    without prior consultation. Although he had previously visited the

    CBI office for taxi assignments, he was not personally acquainted

    Signature Not Verified CRL.A. 846/2004 Page 25 of 50
    Signed By:KOMAL
    DHAWAN
    Signing Date:16.03.2026
    17:36:12
    with the SP and was directed to the SP’s office by the reception

    desk. He denied that the complaint was written under dictation of

    the SP. According to PW3, prior to approaching the CBI on

    29.11.1996, he reported to one Sunderam and the General Manager

    that the accused was withholding payment of the approved bills in

    expectation of a bribe; they informed him that their duty concluded

    with the clearance of the bills and that they could provide no

    further assistance. Regarding his previous professional interactions

    with the CBI, PW3 deposed that his taxis were used solely for

    transporting officers between residences and offices and that he

    could not recall if senior CBI officers had ever used his services

    and specifically denied that PW10, PW11, or the DSP had ever

    travelled in his taxis.

    14.5. Between 03:30 PM and 05:30 PM, he, PW1, and CBI

    officials remained in or around the canteen while the accused was

    busy. PW3 further deposed that no audio recording device was

    provided by the CBI to record the conversation. After

    Signature Not Verified CRL.A. 846/2004 Page 26 of 50
    Signed By:KOMAL
    DHAWAN
    Signing Date:16.03.2026
    17:36:12
    apprehending the accused, PW7 was called to witness the recovery

    of the tainted money from the accused. PW3 denied the

    suggestions that the money was forced into the accused’s pocket

    without a demand, or that the hand washes initially failed

    necessitating the use of hot water from the canteen to produce a

    pink reaction. He identified a black pair of trousers (Ex. P68) as

    the one worn by the accused at the time of the incident, despite

    having previously described them as chocolate-coloured, and noted

    that the inner lining of the pocket was white. The accused was

    required to remove the trousers inside his cabin for the pocket

    wash, though PW3 could not recall where a replacement pair was

    sourced from. The entire operation at the Samrat Hotel Garage

    concluded at approximately 6:30 PM.

    14.6. PW3 deposed that from the spot he went to his

    residence and the accused was taken to the CBI Office and that he

    did not accompany the CBI team from the spot to the house of the

    accused. The payments of his bills were received by him two or

    Signature Not Verified CRL.A. 846/2004 Page 27 of 50
    Signed By:KOMAL
    DHAWAN
    Signing Date:16.03.2026
    17:36:12
    three months after the raid. PW3 deposed that he did not know

    whether his bill of ₹9,142/- had been approved for payment on

    28.11.1996 and whether on the same day the papers were put up

    before the accused and that the accused cleared the file for

    payment. PW3 denied the suggestion that he was not present in

    Delhi on 28.11.1996 or that he did not visit the office of the

    accused on that day. He also denied the suggestion that PW11 and

    DSP Ramnish were previously known to him and that he lodged

    the report at their instance.

    14.7. PW3 admitted that M.S. Upadhya is his maternal uncle.

    His uncle was not present during the raid proceedings. PW3 denied

    the suggestion that on the date of the raid he had rung up M.S.

    Upadhya from the room of Y.S. Verma, Senior Manager

    (Technical), Ashok Tours & Travels. He also denied the

    suggestion that during the trap proceedings M.S. Upadhya had

    come to the spot and talked to Kamudi, SP, and the General

    Manager of Ashok Tours & Travels. PW3 further denied the

    Signature Not Verified CRL.A. 846/2004 Page 28 of 50
    Signed By:KOMAL
    DHAWAN
    Signing Date:16.03.2026
    17:36:12
    suggestion that from the spot of the raid, the members of the

    raiding party including himself and the accused had gone to the

    house of the accused in his taxi bearing registration No. DL-1Y-

    307. He also denied the suggestion that a search-cum-observation

    memo was prepared at the house of the accused and that he had

    signed the same as a witness.

    15. PW1, the shadow witness, deposed that on 29.11.1996,

    he, along with PW5, visited the CBI office at around 1:30 PM on

    the instructions of the Executive Engineer. There, they met PW11,

    who introduced them to PW3. PW3’s complaint was shown to

    them, and they questioned PW3 to satisfy themselves about the

    allegations contained therein. He was directed to accompany PW3

    as a shadow witness to hear the conversation and watch the

    proceedings. He was further directed to give a signal to the CBI

    team by placing both his hands on his hair in the event of

    acceptance of bribe by the accused. The TLO directed PW3 to

    introduce him as the younger son of the latter. PW3 was given a

    Signature Not Verified CRL.A. 846/2004 Page 29 of 50
    Signed By:KOMAL
    DHAWAN
    Signing Date:16.03.2026
    17:36:12
    audio cassette recorder to record the conversation. According to

    PW1, the trap party left the CBI office at about 3:30 PM and

    reached Samrat Hotel at around 3:50 PM. On the directions of

    PW11, he along with PW3 went into the building of Samrat Hotel

    to meet the accused while the other members of the raiding party

    remained outside. They entered the office of the accused at around

    4:00 PM. The accused told them to meet him after 5:00 PM. They

    again went to the office of the accused at around 5:10 PM and the

    following conversation took place outside the room of the accused:

    PW3: Mere bills ka kya hua,

    Accused: Ha paise laye ho,

    PW3: Saab laya hun.

    15.1. After entering the room, the accused again asked if

    PW3 had brought the money (“paise laaye ho”) and PW3 replied

    that he had brought five hundred rupees (“Han Saab, Paach So

    rupaye”). The accused then asked to hand it over (“lao de do”).

    Signature Not Verified CRL.A. 846/2004 Page 30 of 50
    Signed By:KOMAL
    DHAWAN
    Signing Date:16.03.2026
    17:36:12

    Thereafter, PW3 passed on the tainted ₹500/- to the accused,

    asking him to count it (“gin lo”). The accused counted the tainted

    money with both his hands and kept the same in the right pocket of

    his trousers. Thereafter, he came out of the office and gave the pre-

    arranged signal to the CBI team by placing both his hands on his

    head. The CBI team rushed into the office of the accused and

    apprehended him by his wrists. PW11 disclosed his identity and

    told the accused that he was arrested on the charge of having

    accepted bribe from PW3. PW11 directed PW5 to search the

    accused. On search, PW5 recovered the tainted currency notes to

    the tune of ₹500/- from the right pocket of the pant of the accused.

    Besides that, four currency notes of ₹10/- denomination each and

    two currency notes of ₹5/- denomination each were also recovered

    from the accused. PW5 and Inspector Ramnish of the CBI team

    thereafter compared the numbers of the aforesaid five currency

    notes with the numbers already noted in the handing over memo,

    and confirmed that the recovered currency notes were the same.

    Signature Not Verified CRL.A. 846/2004 Page 31 of 50
    Signed By:KOMAL
    DHAWAN
    Signing Date:16.03.2026
    17:36:12
    The accused was made to dip the fingers of his right hand in a

    glass of water, upon which the water turned pink. The right hand

    wash was transferred into a clean empty bottle, its mouth was

    closed, wrapped with a piece of cloth, and sealed with the seal of

    CBI.

    15.2. At this juncture, the prosecutor is seen to have sought

    permission to “cross-examine” PW1 on the ground that he had

    resiled from the statement made to the CBI. The request was

    allowed and on being further examined by the prosecutor, PW1

    admitted that his statement under Section 161 Cr.P.C. had been

    recorded by CBI. He further admitted that during the pre-raid

    proceedings, the demonstration was given by Inspector Kishan

    Singh Negi, and that during the demonstration, the currency notes

    were treated with phenolphthalein powder and that sodium

    carbonate powder was dissolved in water to prepare a colourless

    solution. He also admitted that for the purpose of demonstration,

    Signature Not Verified CRL.A. 846/2004 Page 32 of 50
    Signed By:KOMAL
    DHAWAN
    Signing Date:16.03.2026
    17:36:12
    PW5 was made to touch the treated notes and dip his fingers in the

    sodium carbonate solution, which turned pink.

    15.3. PW1 deposed that the entire conversation between

    PW3 and the accused took place in the office of the accused and

    that he could not recall the precise nature of the conversation

    verbatim but had conveyed its gist in his examination-in-chief. He

    denied the suggestion of the prosecutor that no tape recorder had

    been given to PW3 for recording the conversation. He admitted

    that the hand washes and trouser pocket wash of the accused were

    taken in sodium carbonate solution and not in plain water. He also

    admitted that a wash of the currency notes of ₹10/- and ₹5/-

    denomination recovered from the right pocket of the trousers of the

    accused was also taken in sodium carbonate solution, which

    similarly turned pink, and was transferred into a clean bottle,

    sealed with the seal of CBI, and properly labelled. The bottle of the

    said wash is Ex. P69 and its corresponding cloth wrapper is Ex.

    P70, both bearing PW1’s signatures. PW1 denied the suggestion

    Signature Not Verified CRL.A. 846/2004 Page 33 of 50
    Signed By:KOMAL
    DHAWAN
    Signing Date:16.03.2026
    17:36:12
    that he had been won over by the accused and had therefore given

    a distorted version.

    15.4. PW1 in his cross examination also fully supported the

    prosecution case. PW1 admitted that his testimony given in

    examination-in-chief regarding a tape recorder being given to PW3

    was incorrect, attributing the lapse to nervousness as it was his first

    appearance in a court of law. He clarified that during the pre-raid

    proceedings, some discussions regarding the use of a tape recorder

    had taken place but no tape recorder was actually given to PW3.

    15.5. PW1 further deposed that after the recovery of the

    tainted money, a senior officer of the accused was called to the

    spot. When the accused was apprehended, a number of people had

    gathered outside the office but the CBI officials did not permit

    them to enter. PW1 denied the suggestion that when hand washes

    of the accused were taken for the first time in the sodium carbonate

    solution, the colour of the solution remained unchanged. He

    deposed that he could not recollect whether a waiter was

    Signature Not Verified CRL.A. 846/2004 Page 34 of 50
    Signed By:KOMAL
    DHAWAN
    Signing Date:16.03.2026
    17:36:12
    subsequently asked to bring hot water and whether the hand

    washes were retaken in a sodium carbonate solution prepared in

    hot water.

    15.6. To a court question as to whether during the post-raid

    proceedings conducted at the spot, PW11 and PW3 went anywhere

    with the accused, PW1 answered in the negative. PW1 further

    deposed that after apprehending the accused, the entire post-raid

    proceedings were conducted and he was thereafter made to sit in

    the adjoining room. PW1 denied the suggestion that when the

    parties met the accused for the second time, the accused informed

    PW3 that only his bill for ₹9,000/- had been sanctioned. He also

    denied the suggestion that upon hearing this, PW3 stated that he

    was in need of money and voluntarily offered the tainted money to

    the accused for clearance of his entire payment. He further denied

    the suggestion that on this, the accused declined to accept the bribe

    and advised PW3 to take payment of ₹9,000/- and leave. He

    Signature Not Verified CRL.A. 846/2004 Page 35 of 50
    Signed By:KOMAL
    DHAWAN
    Signing Date:16.03.2026
    17:36:12
    denied the suggestion that PW3 thereafter forcibly put the tainted

    money into the pant pocket of the trousers of the accused.

    16. PW5, Senior Assistant, NDMC, Health Establishment,

    Unit-III, New Delhi, deposed that on 29.11.1996, CBI officials

    came to the Vigilance Department of NDMC to requisition two

    witnesses. He was thereafter directed by the Vigilance Department

    to accompany the CBI officials. PW5 further deposed that while

    going for the raid, one audio recorder-cum-receiver was also used.

    A microphone was attached under the collar of the shirt of PW3,

    and the main machine, which was either a recorder or audio

    system, was kept in the official vehicle. An ear plug attached to the

    main instrument was with one Inspector of CBI whose name he

    could not recall.

    16.1. At this juncture, the prosecutor is seen to have sought

    permission to “cross-examine” PW5 on the ground that he had

    resiled from the statement made to the CBI. The request was

    allowed by the trial court and on being further examined by the

    Signature Not Verified CRL.A. 846/2004 Page 36 of 50
    Signed By:KOMAL
    DHAWAN
    Signing Date:16.03.2026
    17:36:12
    prosecutor, PW5 denied the suggestion that no electronic machine

    or transmitter had been used for the trap. He stated that he had

    heard voices through the transmitter via the said machine, though

    he could not remember whether he had mentioned the use of the

    electronic machine-cum-transmitter during the trap in his

    statement to the CBI. He denied the suggestion that no transmitter

    was attached under the collar of PW3 and that no electronic

    machine with an ear plug was kept in any official vehicle.

    16.2. PW5 admitted that PW1 had been asked to give the

    signal by scratching his head. He further admitted that about five

    minutes after going into the building of Samrat Hotel, PW3 and

    PW1 came back and communicated that the transaction had not

    taken place, as the accused was not alone in his office. He was told

    about this by the Inspector who was hearing through the ear plug.

    PW5 admitted that at about 04:00 PM, PW3 and PW1 came out of

    the office of the accused and informed them that the accused was

    busy distributing salary and had asked them to come back at 05:00

    Signature Not Verified CRL.A. 846/2004 Page 37 of 50
    Signed By:KOMAL
    DHAWAN
    Signing Date:16.03.2026
    17:36:12
    PM. At around 05:00 PM, PW3 and PW1 were again sent to

    contact the accused in his office. At around 05:30 PM, the

    members of the trap party rushed into the office of the accused.

    PW5 stated he did not see PW1 giving any signal. He followed the

    CBI team into the room of the accused. PW5 admitted that on

    being confronted, the accused got perplexed. He was told by a CBI

    Inspector that the accused, after accepting the bribe, had kept it in

    his pocket. He could not admit or deny whether PW1 told the CBI

    team that the accused, after demanding the bribe, accepted it in his

    left hand, thereafter transferred the money to his right hand, and

    kept it in the right side pocket of his trousers after counting.

    17. PW7 deposed that on 29.11.1996, he was posted as

    Manager (Vigilance-cum-Security) at Samrat Hotel as well as

    Ashoka Tours & Travels, ITDC, Azad Market. He identified the

    accused in court and stated that the accused was, at the relevant

    time, posted as Assistant Manager (Accounts). PW7 further

    deposed that 29.11.1996 was a pay day and that he was present on

    Signature Not Verified CRL.A. 846/2004 Page 38 of 50
    Signed By:KOMAL
    DHAWAN
    Signing Date:16.03.2026
    17:36:12
    duty at the complex. At about 03:30 PM, Sub-Inspector Vivek

    Dhir of CBI came to him. He accompanied Sub-Inspector Vivek

    Dhir to the office of the accused. Upon reaching the office, he

    noticed that two CBI officials were holding the accused by his

    respective wrists. PW11 who was also present there informed him

    that the accused had been caught while taking ₹500/- as bribe from

    PW3.

    17.1. PW7, in his cross-examination, admitted that on

    29.11.1996, he noticed cashier Shri R.D. Verma sitting in his cabin

    and disbursing salary, at which time the accused was sitting in his

    office. He noticed the cashier disbursing salary from his cabin at

    around 3:00 or 3:30 PM. He saw the accused in his cabin when the

    accused had already been apprehended by the CBI officers. When

    the accused was apprehended, no one from the Vigilance &

    Security Department senior to him was available at Samrat Hotel.

    PW7 could not recollect whether PW11 had prepared the sodium

    carbonate solution in water at the spot, but stated that the said

    Signature Not Verified CRL.A. 846/2004 Page 39 of 50
    Signed By:KOMAL
    DHAWAN
    Signing Date:16.03.2026
    17:36:12
    solution was prepared by one member of the trap party. PW7

    further deposed that in his presence, CBI officials seized two bills

    and some other documents from a file lying on the table of the

    accused, though he could not identify those bills or documents.

    17.2. PW7 admitted that a complaint had been received in the

    Vigilance Department reporting that the date of birth of one

    employee, M.S. Chawla, driver, had been wrongly changed from

    1929 to 1939. PW7 did not admit or deny whether the said

    complaint had been filed by A.I.T.U.C. Union, or whether he was

    the Management Representative in that complaint, or whether M.S.

    Upadhyaya was the defence assistant for the delinquent driver

    M.S. Chawla. PW7 denied the suggestion that M.S. Upadhyaya,

    who had represented the said driver in the enquiry, was present in

    the office on 29.11.1996 or that the latter had any conversation

    with the SP CBI, as well as the General Manager regarding

    corruption in the office. He denied the suggestion that he had

    recommended to the accused to make the payments of the bills of

    Signature Not Verified CRL.A. 846/2004 Page 40 of 50
    Signed By:KOMAL
    DHAWAN
    Signing Date:16.03.2026
    17:36:12
    M/s. Dixit Travelling Agency and M/s. Ex-Servicemen & Security

    Services.

    17.3. PW11, the TLO, when examined fully supported the

    prosecution case.

    18. I will first deal with the arguments advanced by the

    learned counsel for the appellant/accused. The first argument

    relates to the delay in forwarding the FIR to the Court. The

    incident occurred on 29.11.1996, which admittedly was a Friday.

    The intervening days were Saturday and Sunday. From the

    endorsement seen in the FIR, the same reached the Court on

    02.12.1996 at 04:30 PM. However, it is not denied that the accused

    was produced before the trial court within the prescribed time and

    the relevant documents, including the FIR, had been placed before

    the Court. In such circumstances, the delay stands sufficiently

    explained and cannot be treated as indicative of any manipulation

    in the prosecution case.

    Signature Not Verified CRL.A. 846/2004 Page 41 of 50
    Signed By:KOMAL
    DHAWAN
    Signing Date:16.03.2026
    17:36:12

    19. With regard to the absence of the crime number in the

    handing over memo, the materials on record indicate that the trap

    proceedings were conducted on the very day the case was

    registered and the handing over memo formed part of the pre-trap

    formalities. The mere omission to mention the crime number in

    that document cannot lead to the inference that the proceedings

    were subsequently fabricated. Such omissions are procedural in

    nature and cannot outweigh the substantive evidence relating to the

    demand and acceptance of illegal gratification.

    20. Emphasis was laid on the testimony of PW7, who

    deposed that when he reached the office of the accused at about

    03:30 PM, he saw that the accused had been apprehended by CBI

    officials. The testimony of PW7 on this aspect reads thus:-

    “…..I noticed the cashier disbursing salary from his cabin at
    around 3:00 or 3:30 PM and Mohd. Yamin in his cabin when
    he was already apprehended by CBI officers…..”

    This only means that PW7 had seen the cashier disbursing

    the salary at around 03:00 or 03:30 PM and that when he saw the

    Signature Not Verified CRL.A. 846/2004 Page 42 of 50
    Signed By:KOMAL
    DHAWAN
    Signing Date:16.03.2026
    17:36:12
    accused, the latter had already been apprehended by the CBI. This

    does not mean that the arrest or apprehension was at 03:00 or

    03:30 PM. Even if that be so, the said aspect has not materially

    affected the prosecution case. PW7 was not a member of the trap

    party and was called to the spot only after the proceedings had

    commenced. His statement regarding the time appears to be based

    on approximation and cannot override the consistent version of

    PW3, PW1 and PW11 regarding the events leading to the recovery

    of the tainted currency notes. Minor variations in the recollection

    of time are not uncommon in witness testimony and do not

    undermine the core of the prosecution case.

    21. The trap proceedings itself was also sought to be

    questioned on the ground that the phenolphthalein powder used in

    the demonstration was already available in the room of the

    investigating officer. The evidence on record, however, clearly

    establishes that the currency notes were treated with

    phenolphthalein powder during the pre-trap proceedings and that a

    Signature Not Verified CRL.A. 846/2004 Page 43 of 50
    Signed By:KOMAL
    DHAWAN
    Signing Date:16.03.2026
    17:36:12
    demonstration of the reaction with sodium carbonate solution was

    carried out in the presence of the independent witnesses. The

    tainted notes were thereafter handed over to PW3 with instructions

    to deliver them to the accused only upon demand. The recovery of

    those very notes from the pocket of the accused, coupled with the

    positive phenolphthalein test, provides strong corroboration to the

    prosecution version and dispels the suggestion of manipulation.

    22. Another aspect concerns the absence of any audio

    recording of the alleged conversation between PW3 and the

    accused. The evidence of PW3 indicates that no tape recorder was

    provided to him during the trap proceedings. PW1 has also

    clarified in his cross-examination that although there had been

    some discussion regarding the possible use of a recording device

    during the pre-trap proceedings, no such device was actually

    handed over to PW3. A reference was nevertheless made by PW5

    to an electronic device described as a recorder-cum-transmitter

    with a microphone attached to the collar of PW3. This statement,

    Signature Not Verified CRL.A. 846/2004 Page 44 of 50
    Signed By:KOMAL
    DHAWAN
    Signing Date:16.03.2026
    17:36:12
    however, stands in clear contradiction to the evidence of PW3 and

    PW1. The solitary and inconsistent reference made by PW5

    regarding the use of an electronic device cannot discredit the

    otherwise consistent evidence relating to the demand and

    acceptance of illegal gratification. In any event, the validity of trap

    proceedings does not depend upon the existence of an electronic

    recording when the demand and acceptance are established

    through direct testimony and corroborated by recovery of tainted

    currency notes.

    23. The question whether PW3’s bills had matured for

    payment was also sought to be projected as a circumstance

    rendering the prosecution case improbable. The defence evidence

    was referred to substantiate the argument that the bills had not

    matured for payment. Even assuming that the bills were not

    immediately payable, that circumstance does not take the case

    outside the scope of Section 7 of the PC Act as it stood at the

    relevant time. Acceptance of gratification as a motive or reward

    Signature Not Verified CRL.A. 846/2004 Page 45 of 50
    Signed By:KOMAL
    DHAWAN
    Signing Date:16.03.2026
    17:36:12
    for doing or forbearing to do an official act constitutes the offence

    irrespective of whether the public servant was actually in a

    position to grant the favour sought.

    24. Similarly, regarding the alleged inconsistency relating

    to the wedding card also, whether PW3 required money for the

    marriage of his daughter, sister or any other family member is not

    material to the determination of the guilt of the accused. Such

    circumstances merely explain the reason why PW3 was anxious to

    obtain early payment of his bills and cannot be treated as affecting

    the credibility of the prosecution case.

    25. The circumstance that the date of the incident happened

    to be a salary disbursement day in the office of the accused is

    equally inconsequential. The allegation is not that the payment of

    the bills was actually made on that day but that illegal gratification

    was demanded for processing the payment. The fact that salary

    disbursement was taking place does not preclude the possibility of

    such a demand.

    Signature Not Verified CRL.A. 846/2004 Page 46 of 50
    Signed By:KOMAL
    DHAWAN
    Signing Date:16.03.2026
    17:36:12

    26. Certain lapses in the investigation were also pointed

    out, particularly the failure of the PW10, the Investigating Officer,

    to independently verify whether PW3’s bills had in fact been

    passed by the competent authority. While the investigation may

    not have been conducted with perfect thoroughness in every

    respect, it is well settled that defects in investigation do not by

    themselves render the prosecution case unacceptable if the

    substantive evidence on record establishes the commission of the

    offence. [See Hema v. State, (2013) 10 SCC 192 and C.

    Muniappan v. State of T.N. (2010) 9 SCC 567: (2010) 3 SCC

    (Cri) 1402]

    27. Though PW 1 and 5 were treated as “partially hostile”,

    they have admitted all the material aspects of the prosecution case,

    to which I have already referred to in detail. Merely, because the

    witnesses are partially hostile is no ground to reject their entire

    testimony. It is settled that the testimony of hostile witnesses can

    be looked into to the extent it supports the prosecution case,

    Signature Not Verified CRL.A. 846/2004 Page 47 of 50
    Signed By:KOMAL
    DHAWAN
    Signing Date:16.03.2026
    17:36:12
    provided the same is credible. (Mohan Lal v. State of Punjab;

    AIR 2013 SC 2408, Ramesh Harijan v. State of U.P.; AIR 2012

    SC 1979, Prithi v. State of Haryana; (2010) 8 SCC 536, Lella

    Srinivasa Rao v. State of A.P.; AIR 2004 SC 1720, Koli

    Lakhmanbhai Chanabhai v. State of Gujarat; AIR 2000 SC

    210).

    28. The testimony of PW3, clearly establishes that the

    accused demanded ₹500/- from him for processing the payment of

    his taxi bills. The testimony of PW1, who acted as the shadow

    witness and PW5, the recovery witness, corroborates this version.

    Their testimony is further corroborated by the recovery of the

    tainted currency notes from the possession of the accused. The

    numbers of the recovered notes were found to tally with the

    numbers recorded in the handing over memo prepared prior to the

    trap. The chemical test conducted thereafter revealed that the hand

    wash of the accused as well as the wash of the trouser pocket

    turned pink, thereby confirming the presence of phenolphthalein

    Signature Not Verified CRL.A. 846/2004 Page 48 of 50
    Signed By:KOMAL
    DHAWAN
    Signing Date:16.03.2026
    17:36:12
    powder. It is also relevant to note that the accused had not offered

    any plausible explanation for the presence of the tainted currency

    notes in the pocket of his trousers. The defence suggestion that the

    money was forcibly inserted into his pocket by PW3 has not been

    substantiated by any material evidence. It also emerges from the

    materials on record that when the appellant/accused was

    apprehended with the tainted currency notes, he did not raise any

    protest or demur before PW11 that the said notes had not been

    received by him. PW5 has deposed that upon being confronted, the

    accused appeared perplexed. However, on an overall perusal of the

    testimonies of PW1, PW3, PW5, PW7 and PW11, it does not

    emerge anywhere that the accused protested or asserted at the time

    of apprehension that the money had not been accepted by him. The

    absence of any such immediate denial assumes significance in the

    circumstances of the case. It is well settled that when tainted

    currency notes are recovered from the possession of the accused

    and no plausible explanation is offered for their presence, such

    Signature Not Verified CRL.A. 846/2004 Page 49 of 50
    Signed By:KOMAL
    DHAWAN
    Signing Date:16.03.2026
    17:36:12
    recovery constitutes a strong incriminating circumstance

    supporting the prosecution case regarding demand and acceptance

    of illegal gratification [See M. Narsinga Rao v. State of A.P.,

    2001 SCC (Cri) 258].

    29. I find no infirmity in the impugned judgment calling for

    an interference into the same by this Court.

    30. In the result, the appeal, sans merit, is dismissed.

    31. Applications, if any, pending, shall stand closed.

    CHANDRASEKHARAN SUDHA
    (JUDGE)

    MARCH 16, 2026
    kd

    Signature Not Verified CRL.A. 846/2004 Page 50 of 50
    Signed By:KOMAL
    DHAWAN
    Signing Date:16.03.2026
    17:36:12



    Source link

    LEAVE A REPLY

    Please enter your comment!
    Please enter your name here