Prevention of Corruption Act, 1947, Section 5(1)(d), Indian Penal Code, 1860, Section 161 -- Demanding and accepting bribe - Complainant turning hostile - No material to establish payment of alleged amount pursuant to alleged demand - Alleged demand also not proved - All necessary ingredients of S.5(4)(d) not established - Acquittal order - Warrants no interference...........
Indian Penal Code, 1860, Section 161 -- Ingredients of the provision are - (i) the person accepting the gratification should be a public servant (ii) he should accept the gratification for himself and (iii) gratification should be as a motive or reward for doing or forbearing to do any official act or for showing or forbearing to show, in the exercise of his official..........
Prevention of Corruption Act, 1947, Section 5(1)(d), Indian Penal Code, 1860, Section 161 -- Recovery of currency note of Rs.20/- denomination on the pad of the table - Defence that PW1 tried to thrust currency note in hands of accused and while brushed aside fell on table - Currency note recovered from table pad and not from person or table drawer of accused - Lady..........
Prevention of Corruption Act, 1947, Section 5(2), 6, Indian Penal Code, 1860, Section 161, Criminal Procedure Code, 1973, Section 465 -- Absence of valid sanction - Appellate Court not to reverse a conviction and sentence passed by the trial Court - In view of S.465 of Cr.P.C. unless failure of justice had been occasioned appellate/revisional Court is debarred from..........
Prevention of Corruption Act, 1947, Section 6, 5(2), Indian Penal Code, 1860, Section 161, Constitution of India, 1950, Article 226 -- Illegal gratification - Sanction - High Court cannot issue a mandamus directing State Government to grant sanction - Order of sanction in these circumstances is not valid - Where a public authority is given power to determine the matter,..........
Prevention of Corruption Act, 1947, Section 6, Indian Penal Code, 1860, Section 161 -- Illegal gratification - Sanction for prosecution - Central or State Government or the other authority has right to consider question of grant of sanction - It has also discretion to grant or not to grant sanction - Provisions in regard to sanction should be observed with complete..........
Prevention of Corruption Act, 1947, Section 5(1)(d), Indian Penal Code, 1860, Section 161 -- Demand or request is a primary requisite for an offence under S.5(1)(d) of prevention of Corruption Act unlike an offence under Section 161 IPC, which can be established by proof of either `acceptance' or `obtainment'...........
Indian Penal Code, 1860, Section 161 -- It cannot be said that without a prior demand there cannot be `acceptance'...........
