Prevention of Corruption Act, 1988, Section 7, 13(1)(d)(ii) -- Illegal gratification - Appeal against conviction - Non-production of micro tape recorder - Witness present during the trap also stated in cross-examination that he did not hear anything - No evidence on record to indicate that appellant demanded bribe for sanctioning salary of complainant - Order of conviction..........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Illegal gratification - Evidence on record shows that amount said to have been claimed by accused appears to be restoration charges which has to be collected from complainant - Evidence of complainant was not consistent regarding dates on which amount was demanded and paid - Both decoy and trap witnesses..........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Illegal gratification - Trap witness - Where accused admitted the fact of receipt of amount and seizure of amount by trap party headed by D.S.P, any discrepancy in evidence of trap witness is not much relevant in the case...........
Prevention of Corruption Act, 1988, Section 7, 13(2) -- Illegal gratification - Trap witness - A trap witness is an interested witness and his testimony, to be accepted and relied upon requires corroboration - In the instant case, PW8 who was a member of raiding party had sent the report to police station and thereafter carried the formal investigation - Nothing has been..........
Prevention of Corruption Act, 1988, Section 7, 13(2) -- Illegal gratification - Accused demanded and accepted a bribe of Rs.500 from complainant for clearing his pending bills - Tainted currency notes recovered from possession of accused which is proved by complainant, independent recovery witness and trap laying officer - Number of tainted currency notes tallied with memo..........
Prevention of Corruption Act, 1988, Section 7, 13(2) -- Illegal gratification - Non-joining of independent witness - Mere fact that independent witness available at spot was not associated in trap proceedings by investigating officer, is no ground to discard prosecution case - As raiding party is already constituted and trap has also to be kept secret, otherwise it may..........
Prevention of Corruption Act, 1988, Section 7 -- Illegal gratification - Non-joining of independent witness - Mere fact that some independent person available at spot were not associated in the investigation, is no ground to discard testimonies of recovery and trap laying officer - It is not necessary that each and every person who had been spectator to such a raid/trap..........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), (2), 20 -- Illegal gratification by public servant - Complainant put the tainted money in the pocket of accused when accused gave an indication by show of palm - Complainant lodged an oral complaint, written by another person who was not examined - No evidence to show whether money put in pocket of accused forcibly..........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2), 20 -- Illegal gratification - Demand and acceptance - Proof - Appellant, posted as Patwari, alleged to have demanded money as illegal gratification from complaint for doing work of mutation - Currency notes of Rs.700/- recovered from appellant and numbers thereof were found similar with numbers mentioned in..........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 20 -- Illegal gratification - Conviction - Validity - PWs.1 and 2 did not totally depart from basic version of prosecution - They in fact supported basic version of prosecution - If their evidence and that of PW5 is considered in its entirety it is to the effect that appellant demanded bribe of Rs.5000/- from PW1 for..........
