“Constable’s conduct unusual”: Delhi HC acquits man accused of theft and drugging cop in 2011
According to the complainant, constable Devender Kumar was approached by the accused—Shashank—in 2011 while he was on his way home from duty at around midnight, with the man purportedly seeking Kumar’s help as his friend had met with an accident.
The court pointed out that the constable’s conduct, “in the absence of any other explanations, appears unusual and inconsistent with the caution expected of a trained police officer, especially at midnight.”
Holding that the testimony of a Delhi police constable who was allegedly drugged and looted was not reliable, the Delhi High Court on Monday acquitted a man who had been sentenced to over two years’ imprisonment in 2015.
According to the complainant, constable Devender Kumar was approached by the accused—Shashank—in 2011 while he was on his way home from duty at around midnight, with the man purportedly seeking Kumar’s help as his friend had met with an accident.
Kumar claimed that he then accompanied the accused in the latter’s car to the nearest petrol pump. Further, he added that he accepted a cold drink from Shashank, and then fell unconscious.
Upon regaining consciousness, Kumar discovered that his watch, mobile phone, wallet, ATM card, identity card, driving licence, and his motorcycle (including Rs 73,000 kept in its toolbox) were missing.
Kumar subsequently lodged an FIR at Kashmere Gate police station.
However, Kumar refused medical examination; therefore, police could not verify whether an intoxicating substance had been administered to him.
Meanwhile, the accused had challenged the prosecution’s story as “improbable”, questioning why a trained police officer would voluntarily sit in the car of a stranger around midnight, accompany him to a petrol pump, pay for petrol for him, and consume a cold drink offered by him, without any suspicion or verification.
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The petrol pump employees too were unable to identify the complainant.
Agreeing with the accused’s contentions, Justice Manoj Kumar Ohri recorded that Kumar’s “version is not credible”, while noting that the prosecution had failed to prove its case and the complainant constable’s version “appears unusual and inconsistent with the caution expected of a trained police officer.”
The court stated, “(Kumar) is a trained police constable, who had amassed nearly two decades of experience with the Delhi police at the time of the incident. The prosecution narrative suggests that he voluntarily sat in a stranger’s car at midnight, went to a petrol pump with him, paid for petrol, and consumed a cold drink offered by him. The complainant did not call PCR at any point.”
Further, the court pointed out that the constable’s conduct, “in the absence of any other explanations, appears unusual and inconsistent with the caution expected of a trained police officer, especially at midnight.”
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While highlighting that the prosecution had not provided any explanation for Kumar’s conduct, the HC recorded that Kumar’s “refusal to undergo medical examination, when such an examination could have conclusively proved the administration of an intoxicating substance to him, a fact which goes to the very root of the present matter, casts a shadow of doubt over the veracity of his claims.”
Sohini Ghosh is a Senior Correspondent at The Indian Express. Previously based in Ahmedabad covering Gujarat, she recently moved to the New Delhi bureau, where she primarily covers legal developments at the Delhi High Court
Professional Profile
Background: An alumna of the Asian College of Journalism (ACJ), she previously worked with ET NOW before joining The Indian Express.
Core Beats: Her reporting is currently centered on the Delhi High Court, with a focus on high-profile constitutional disputes, disputes over intellectual property, criminal and civil cases, issues of human rights and regulatory law (especially in the areas of technology and healthcare).
Earlier Specialty: In Gujarat, she was known for her rigorous coverage in the beats of crime, law and policy, and social justice issues, including the 2002 riot cases, 2008 serial bomb blast case, 2016 flogging of Dalits in Una, among others.
She has extensively covered health in the state, including being part of the team that revealed the segregation of wards at the state’s largest government hospital on lines of faith in April 2020.
With Ahmedabad being a UNESCO heritage city, she has widely covered urban development and heritage issues, including the redevelopment of the Sabarmati Ashram
Recent Notable Articles (Late 2025)
Her recent reporting from the Delhi High Court covers major political, constitutional, corporate, and public-interest legal battles:
High-Profile Case Coverage
She has extensively covered the various legal battles - including for compensation under the aegis of North East Delhi Riots Claims Commission - pertaining to the 2020 northeast Delhi riots, as well as 1984 anti-Sikh riots.
She has also led coverage at the intersection of technology and governance, and its impact on the citizenry, from, and beyond courtrooms — such as the government’s stakeholder consultations for framing AI-Deepfake policy.
Signature Style
Sohini is recognized for her sustained reporting from courtrooms and beyond. She specialises in breaking down dense legal arguments to make legalese accessible for readers. Her transition from Gujarat to Delhi has seen her expand her coverage on regulatory, corporate and intellectual property law, while maintaining a strong commitment to human rights and lacuna in the criminal justice system.
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