Prevention of Corruption Act, 1988, Section 13(1)(e), 13(2) -- Offence u/ss 13(1)(e), 13(2) of the Act - Explanation offered by accused at the stage of investigation - Contention that `reasons for accepting or not has to be mentioned in the charge sheet' - Held, it is not supported by any law or precedent...........
Prevention of Corruption Act, 1988, Section 13(1)(e), 13(2) -- Assets disproportionate to known source of income - Accused purchased the plot in question for an amount which was well beyond his known source of income - Defence as produced by accused that plot in question does not belong to him is not tenable and is worthy of reliance - Prosecution duly established the fact..........
Prevention of Corruption Act, 1988, Section 8 -- Illegal gratification - Polygraph test - Accused specifically pleaded that if Polygraph test and voice sample are legally permissible, he is ready and willing to undergo same to show his bonafide - Expressed consent of accused is on record - Order directing accused to undergo Polygraph test and to give voice sample to..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 409, 406, 465, 468, 471, 120B, Prevention of Corruption Act, 1988, Section 13(1)(d) -- Bail - Cheating - Period of nine months has passed from date of filing charge sheet - Trial of case not commenced - Accused who is admittedly 62 years of age has already spent nearly a year in judicial..........
Prevention of Corruption Act, 1988, Section 19 -- Sanction for prosecution - Where very existence of sanction order and competency of that authority is challenged, objections can be considered even before trial...........
Prevention of Corruption Act, 1988, Section 19 -- Sanction for prosecution - If trial Court proceeds despite invalidity attached to sanction order, same shall be deemed to be non est in the eye of law and shall not forbid a second trial for same offences, upon grant of a valid sanction for such prosecution...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 380, 457, 109, 166, 166A, 120B, Prevention of Corruption Act, 1988, Section 13(1)(d)(iii), 13(2) -- Quashing of proceedings - Offence u/ss 380, 457, 109, 166, 166-A, 120-B IPC and Ss. 13(1)(d)(iii), 13(2) of P. C. Act - Complicity of all accused in the occurrence is stated by LW1 to LW5 - Recovery..........
Prevention of Corruption Act, 1988, Section 13(2), 13(1)(e) -- Death of accused during trial - Criminal prosecution against accused stands abated...........
Criminal Procedure Code, 1973, Section 197, Prevention of Corruption Act, 1988, Section 19 -- Sanction for prosecution - Once investigation has been completed and charge sheet is filed before competent Court then, effect of sanction is not material...........
Criminal Procedure Code, 1973, Section 228, Indian Penal Code, 1860, Section 120B, Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Order framing charge - Offence u/s 120-B, Ss.7, 13(1)(d), 13(2) of P.C Act - Criminal conspiracy between all accused for demand of illegal gratification being paid to A-2 albeit it may not have reached to A1 - Prosecution..........
