Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Illegal gratification - Trap Case - When trap is without verification of demand then it is essential to have truly independent witnesses - In the instant case Panch witness had previously acted as a panch for Anti Corruption Bureau (ACB) on about 3 to 4 occasions - Selecting such a witness casts doubt on the..........
Prevention of Corruption (Amendment) Act, 2006, Section 5(2), Ranbir Penal Code, 1989, Section 161 -- Illegal gratification - Appeal against conviction - Accused/official taking bribe of Rs.550 for issuance of jamabandi to complainant - Two independent witnesses were present during trap and there is no reason to disbelieve their testimony - Accused hand turned pink upon..........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Illegal gratification - Trap case - Where prosecution is based on a trap, it must be the concern of Court to examine the whole materials, and find whether trap is a genuine trap arranged by police on a genuine complaint or whether it is a vicious trap which police happened to make on a mischievous complaint..........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Illegal gratification - Trap case - A trap for a trap at the instigation, or at instances of somebody who is interested in such a trap, or who is for his own reasons, interested to see that a particular public servant is trapped, cannot be said to be a genuine or legitimate trap - Such a trap is a vicious..........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Illegal gratification - Merely on the basis of recovery of phenolphthalein tainted currency alone, accused cannot be found guilty - Evidence of PW7 DSP is only regarding recovery of currency from the consulting room of doctor - Such evidence would have only supportive value - There must be some direct and..........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2), 20 -- Illegal gratification - Plea of accused that trap proceedings were stage managed - Prosecution evidence regarding demand of bribe and receipt of same, found to be reliable - Hand of accused person tested and found to be tainted - Statements of prosecution witnesses corroborated with each other - Guilt of..........
Prevention of Corruption Act, 1988, Section 13(2) -- Illegal gratification - No clinching evidence on record that a demand was made by accused when trap was laid - PW3 and shadow witness did not make any categorical statement in this regard - Conviction of accused u/s 13(2) of Act is set aside...........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Illegal gratification - Trap witness - Not to presupposes that a trap/decoy witness is an interested witness with an ulterior or other than ordinary motive for ensuring the inculpation and punishment of accused - Burden is on defence to rattle the credibility and trustworthiness of trap witness's testimony..........
Prevention of Corruption Act, 1988, Section 7, 13(2), 13(1)(d), 5(2), Indian Penal Code, 1860, Section 161 -- Illegal gratification - Accused being assistant in DT office allegedly demanded bribe from complainant for registration of vehicle - No evidence on record that complainant was real owner of vehicle - Genesis of illegal demand is not proved on record - Even motive..........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d)(ii) -- Illegal gratification - Appeal against conviction - As per complainant and other witnesses appellant/officer demanded bribe despite complainant having an order in his favour - Trap organized by anti-corruption Bureau clearly established guilt of appellant - No interference called for...........
