A Special CBI court acquitted Delhi Police EOW Sub Inspector Sanjeev Kumar in a corruption case due to ‘serious infirmities’ and lack of evidence. He was accused of demanding a Rs 30 lakh bribe from a businessman to settle a complaint.
A Special CBI court at Rouse Avenue court on Monday acquitted a Sub Inspector of Economic Offence Wing (EOW) of Delhi Police after noting the absence of cogent evidence against him. This case pertains to a CBI FIR lodged in 2020. He was accused of corruption charges for demanding a bribe of Rs. 30 Lakh from businessman Sanjay Gupta for settling a complaint in his favour. As per allegations, Rs. 4 lakh was accepted by him and was recovered from his car.
Special CBI Judge Murari Prasad Singh acquitted Sanjeev Kumar after considering the infirmities, contradictions and submissions by the counsel for CBI and the accused.
Court Finds Prosecution Case ‘Shrouded With Infirmities’
Special Judge held, “In the light of the foregoing discussion, I am of the considered view that the prosecution’s case is shrouded with serious infirmities, discrepancies and contradictions.” CBI has miserably failed to bring any cogent and clinching evidence so as to record the finding of guilt against the accused of the alleged offence,” Special Judge said in the judgement of December 8.
While acquitting the accused, the court observed, “The essential ingredients of ‘demand’, ‘acceptance’ and ‘motive or reward’ for the purpose of section 7 PC Act has remained unproved and as a consequence, prosecution miserably failed to prove its case beyond reasonable doubt against the accused.” ” As a consequence, accused Sanjeev Kumar is acquitted in this case,” the court ordered on Monday.
Defense Cites Enmity and Lack of Corroboration
Advocate Sanjay Gupta, along with Raj Kamal Arya, appeared for the accused and argued that the complainant had an enmity with the accused and, as such, his version cannot be accepted as the gospel truth without sufficient corroboration. It was also argued that there is no material on record to corroborate the version of the complainant; that, in any event, the prosecution has failed to establish demand and acceptance of a bribe on the part of the accused.
Background of the Corruption Case
As per CBI, on March 18, 2020 FIR under Section 7 of the Prevention of Corruption Act, 1988 (for short ‘PC Act’) against Sanjeev Kumar, a Delhi Police personnel posted at Police Station Economic Offences Wing (EOW), Mandir Marg, Delhi came to be registered on the basis of a written complaint dated 17.03.2020 of one Sanjay Gupta.
He alleged that “Sub Inspector Sanjeev Kumar, Delhi Police, EOW, Mandir Marg was an Investigation Officer against me in a FIR and he demanded a bribe of Rs 10 Lakh from him on around Diwali of 2018, during the investigation, which I refused to pay. Consequently, he filed a Charge Sheet against me in the said FIR.” It was also alleged that during the investigation that SI Sanjeev Kumar summoned the complainant’s elder brother, Rajiv Gupta and got an opportunity to harass and victimise the complainant. The complainant alleged that a false complaint was filed against him with the EOW, Mandir Marg. SI Sanjeev Kumar also investigated the said complaint. On 05.03.2020, SI Sanjeev Kumar demanded an amount of Rs 30 Lakhs in total to investigate the complaint of Rajiv Gupta in my favour. The amount of Rs 30 Lakhs also includes an amount of Rs 10 Lakhs, which he demanded while investigating the earlier FIR. (ANI)
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