High Court Overturns Retired Major General's Conviction in Asset Case

The Delhi High Court has overturned the conviction of retired Major General Anand Kumar Kapur in a disproportionate assets case, citing the prosecution's failure to prove beyond reasonable doubt and the denial of fair defence opportunity during trial. The CBI's sanction for prosecution was also deemed invalid, leading to the appeal's success.

The Delhi High Court has overturned the conviction and sentencing of retired Major General Anand Kumar Kapur in a disproportionate assets case, ruling that the prosecution failed to establish that he possessed assets beyond his known income sources. The Court found that Kapur was denied a fair chance to present his defense during the trial.

Justice Jasmeet Singh, in allowing the criminal appeals, set aside the 2016 conviction by the Special Judge, Patiala House Courts. The Court determined that the sanction for prosecution was legally invalid and that the prosecution did not fulfill its burden of proof. The conviction was declared unsustainable, and the appeals were upheld.

The case, represented by Senior Advocate Vivek Kohli and others for Kapur, and Rajesh Kumar for the CBI, originated from CBI allegations of disproportionate asset accumulation between 1971 and 2007. The High Court found procedural and evidentiary flaws, highlighting discrepancies in prosecution claims and supporting Kapur's financial explanations.