Allowed

Arun Sharma v. C B I

Delhi HC20 Dec 2024CRL.A./423/2013

Case brief

AI extract

What is this about?

Appeal against conviction for corruption. Court examined evidence including hostile complainant, audio cassettes, CDRs, and witness testimonies. Found prosecution failed to establish link between accused and concrete evidence regarding bribe acceptance. Appeals allowed.

What did the court decide?

Irrelevant witnesses are not required to be present at the time of recording of statement. The confession of the appellant is not a valid ground for his conviction. The appeal is allowed and the appel

What the court decided

Arun Sharma Vs C B I — Corruption | Delhi HC (2024)

¶196

At present, I am running a General Store at the above stated address. In the year 2005, I was running a furniture shop under the name and style of Shashwat Furnitures at Bharti Artists Colony, Preet Vihar, Delhi. On 22.10.05, at about 12.00/1.00 pm, two police men from Police Station Bhajan Pura came to my shop and told that they have come from Police Station Bhajan Pura and told that some murder has taken place in Bhajan Pura and I was asked to come at Police Station on the next day ie. 23.10.05. On the next day, I could not go to Police Station due to some urgent work at home. When I reached at my shop on the same day in the evening, it was told by my worker that a policeman had come to the shop and asked to come to Police Station, otherwise, we know to call the person in Police Station. On 24.10.05, I alongwith my relative went to Police Station, where I was made to sit in a separate room. One of the policeman who had come to my shop on 22.10.05 came to me and asked as to why I did not come on 23.10.05 and harassed me for not coming yesterday. Thereafter, I asked them to call my relatives who were standing outside the room. My relatives Sh. Vinod Kumar Verma and Sh. Surender Mittal came inside the room and they told me that they have been informed by the police that two of the persons who are involved in the murder case of Bhajan Pura, were sheltered by staying at the shop in the night. Then, I told them that key of the shop remains with me, then there is no question of sheltering them. Then I asked my relatives to settle the matter as I am annoyed by the harassment of the police. My relatives told that the police personnel are asking for one lakh rupees to settle the matter. I told my relatives that I do not have the amount of rupees one lakh. I further told that I need some time for arranging the said amount. On this, my relatives talked to the police and took time till 27.10.05 to make arrangement of said amount. I came back from the Police Station. Since, I was not inclined to pay the said amount, I contacted the CBI people in this context on 26.10.05 and narrated the entire story. After hearing my story, CBI Officials asked me to give the complaint in writing which I gave on 27.10.05. After receiving my complaint, CBI officials called two independent witnesses, name of whom, I do not recollect today, and I was introduced by the CBI Officials with these independent witnesses. Thereafter, I was asked to produce the bribe amount by the CBI Officials.

¶200

The amount consist of currency notes of Rs.500/- and Rs.1000/denomination. I do not remember the exact number of notes. Thereafter, the notes were treated with some powder and one the member of the team was asked to touch the notes and to dip his hand in colour less solution. The demonstration was given but what happened to the colour less solution, I do not remember. I do not remember whether any other proceedings as I narrated above, was done in the CBI office. Thereafter, at about 5.30 pm, we left CBI Office for my shop with CBI Team. We reached at my shop at about 6.30 pm on the same day. On that day, none of the policemen came to my shop to collect the said amount. Again on 29.10.05, a policeman from Police Station Bhajan Pura came to my shop to give message that I may arrange the amount of Rupees one lakh by 30.10.05. I again visited CBl Office on 30.10.05. The CBI officials repeated the same proceedings which they had done on 27.10.05 at CBI Office after receiving my compliant. We left CBI Office at about 4.30 pm for my shop and reached there at about 5.00/5.15 pm, CBI persons took their positions respectively as decided. When the CBI officials checked their bag, they told that they have forgotten to bring the audio recorder. CBI Officials asked me to arrange the audio recorder. I went to arrange the audio recorder and when came back, it was informed by my worker at my shop that he had handed over the amount to Arun Sharma, who had come to collect money from Police Station Bhajan Pura. When I came back at my shop, CBI Team was doing trap formalities. Then, I was asked by CBI officials to write another complaint. I have been shown the complaint (running into two pages) which is now exhibited as Ex. PW9/A which bears my signatures at point A on both the pages. I have been shown the FIR No.RC-DA-I-2005-A-0059 dated 30.10.05 which is Ex. PW9/B which bears my signatures at point A at page no.4. I have been shown handing over memo dated 30.10.05 already Ex.PW2/1 (running into four pages) which was prepared in the CBI Office in which the number of GC notes were recorded which bears my signatures at point B. I have been shown cassette production and sealing memo dated 30.10.05 already Ex. PW2/4 which bears my signatures at point Y. Further I have been shown recovery memo already Ex. PW2/2 (running into ten pages) which was prepared at my shop by the CBI officials which bears my signatures at point Y.”

Arun Sharma v. C B I

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Parties & counsel

Coram

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