Court acquits two Delhi police officers in bribery case noting 'lapses' in investigation

New Delhi [India], December 8 : The Rouse Avenue Court recently acquitted two sub-inspectors of Delhi police in an alleged bribery case registered by the Central Bureau of Investigation (CBI) in November 2023. The court acquitted both noting lapses and infirmities on crucial aspects.
It was alleged that a bribe of Rs 4.5 Lakh was taken to not implicate two persons in a case registered at the police station BaraKhamba Road, New Delhi.
Principal District and Sessions Judge (PDSJ) Anju Bajaj Chandna acquitted Vinod Chechi and Rajesh Kumar Yadav on December 5.
"I am of the opinion that the prosecution case suffers from various lapses and infirmities on crucial elements of demand, acceptance and recovery and hence the case of the prosecution fails," PDSJ Chandna said in the judgment of December 5.
The court said that the case for the offence of conspiracy under Section 120-B IPC or for the offence under Section 7 Prevention of Corruption Act 1988 is not proved against accused persons beyond a reasonable doubt. As a result, accused persons are acquitted of all the charges.
Varun Chechi and Rajesh Yadav were posted as Sub-Inspectors with Delhi Police and were prosecuted for the offences punishable under Section 120-B IPC read with Section 7 of the Prevention of Corruption Act 1988 ( PC Act) and for the substantive offence under Section 7 PC Act 1988.
The case was registered on the basis of a complaint dated November 11, 2023, lodged by Manoj Kumar alleging that SI Chechi posted at PS Barakhamba Road, New Delhi, demanded a bribe of Rs 25 lakhs from him for not implicating his employers namely Harsatinder pal Singh and Barinder Kaur in the said FIR.
The CBI said that Rajesh Yadav was arrested on November 13, 2023, after receiving the alleged bribe money of Rs 4.5 lakh from Manoj Kumar in a room in the police station. However, Chechi joined the investigation on November 28, 2023, after an order passed by the court.
The court said that the credibility of prosecution witnesses is questionable as complainant Manoj Kumar has been an interested witness and had having strong motive to lay a successful trap and to implicate the accused persons. He has been having criminal antecedents and has been involved in criminal cases along with his employers Harsatinderpal Singh and Barinder Kaur in cases related to cheating and forgery.
The court also said that the Prosecution case also suffers from various shortcomings such as non-involvement of SHO during the proceedings despite his presence at the police station.
SHO Mahabir Singh was heading the police station, Barakhamba Road, and at the time of laying the trap, or conducting the proceedings, the CBI team did not involve him nor any endorsement/signatures have been taken from him confirming the trap and the proceedings, the court said.
"It is very important to note that although CCTV footage of November 11,.2023 has been placed on record but the CCTV footage of November 13, 2023 has not been brought on record. This raises serious doubts about the genuineness of laying the trap and conducting the proceedings at Police station," the court said in the judgement.
It further said that This also shows that evidence has been selectively brought before the court as well as before the sanctioning authority. There is no explanation furnished as to why the CCTV footage of November 13, 2023, showing the presence of the trap team the complainant and the accused Rajesh Yadav is not brought on record