A local court has acquitted an ACP of Delhi Police's anti-extortion cell and one of its sub- inspectors, facing trial in a corruption case for allegedly demanding Rs 15 lakh from a man in 2007 to hush up a complaint against him.
Special CBI judge Swarana Kanta Sharma let off accused Rakesh Kumar Bansal, who was then posted as Assistant Commissioner of Police, and Jagdish Kumar, then sub-inspector in anti-extortion cell of the crime branch, observing that the agency has failed to prove the motive, demand and acceptance of the alleged bribe by them.
The CBI, in its charge sheet against the duo, had alleged that in 2007 they had demanded Rs 15 lakh from Delhi resident Gurmeet Singh Wadalia to hush up the complaint pending against him in the crime branch.
The agency claimed that the demand was later reduced to Rs five lakh and Jagdish was caught in R K Puram area here on January 31, 2007 while accepting bribe of Rs 1.5 lakh as part payment from Wadalia.
"The prosecution failed to prove the demand, acceptance or motive which are the sine qua non of proving charge against accused Rakesh Bansal and accused Jagdish Kumar under sections 120 B (criminal conspiracy) IPC and Section 7 and 13(2) r/w 13(1)(d) of PC Act.
"I, accordingly, acquit both the accused persons of the charges framed against them," the court said.
In its order, the court also observed that the independent witnesses were declared hostile by CBI's prosecutor as they did not support its case regarding demand and acceptance of bribe.
It also said that to constitute the offences claimed by the investigating agency, "it was necessary for prosecution to prove that there was demand of money and same was voluntarily accepted, either by the accused or by someone on his behalf."
The court had framed charges under section 120-B (criminal conspiracy) of the IPC and under the provisions of Prevention of Corruption Act against both the accused.
During the trial, both the accused had claimed that they were falsely implicated in the case.
