In Brief
Dashrath Singh Chauhan, an employee of Delhi Electric Supply Undertaking (DESU), was convicted under the Prevention of Corruption Act, 1988 for allegedly demanding and accepting a bribe of Rs. 4,000 from a complainant seeking an electricity connection. The Trial Court acquitted both the appellant and his co-accused Rajinder Kumar of conspiracy charges under Section 120B IPC, and acquitted Rajinder Kumar from all PC Act charges, but convicted the appellant. The Supreme Court held that since the conspiracy charge failed against both accused and the co-accused was fully acquitted, the appellant was entitled to similar acquittal. Moreover, the prosecution failed to prove that the appellant himself accepted the bribe—the money was recovered from the co-accused. Since both elements of demand and acceptance must be proved, the conviction was set aside and the appellant acquitted."
The lawyer headnote and full judgment text are available to registered users.