Showing : 1-10 of 12 Results

SUPREME COURT OF INDIA
Year of decision: 2015
Details
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..........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
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..........
SUPREME COURT OF INDIA
Year of decision: 2013
Details
Prevention of Corruption Act, 1988, Section 13(1)(d), 13(2)-- Corruption case - Complainant is an interested and partisan witness concerned with the success of the trap - His evidence must be tested in the same way as that of any other interest witness...........
SUPREME COURT OF INDIA
Year of decision: 2012
Details
Prevention of Corruption Act, 1988, Section 7,13-- Illegal gratification - Complainant is an interested and partisan witness concerned with the success of the trap and his evidence must be tested in the same way as that of any other interested witness and in a proper case the Court may look for independent corroboration before convicting the..........
MADRAS HIGH COURT
Year of decision: 2011
Details
Prevention of Corruption Act, 1988, Section 7,13(1)(d),13(2)-- Illegal gratification - Member of the raiding party - Evidence of such a witness cannot be discarded merely for the reason that he will be interested in the success of the trap - Only requirement is that Court to consider such evidence with great care and caution...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2010
Details
Prevention of Corruption Act, 1988, Section 7, 13(1)(d)-- Illegal gratification - Accused acquitted as (1) There is no independent witness to the demand of illegal gratification; (2) Trap witnesses are most interested witnesses therefore some independent evidence ought to have been made on the part of the raiding party - In the absence of independent..........
CHHATTISGARH HIGH COURT
Year of decision: 2010
Details
Prevention of Corruption Act, 1988, Section 7, 13(1)(d)-- Illegal gratification - Demand of bribe - Trap witness - Testimony of - Held, trap witnesses are concerned in success of trial and their evidence must be tested in same way as that of other interested witnesses and in appropriate case Court may look for independent corroboration before convicting..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2009
Details
Prevention of Corruption Act, 1947, Section 5(2), 5(1)(d), Indian Penal Code, 1860, Section 161-- Illegal gratification - Recovery of Rs.1, 00/- in a trap - Phenolphthalein test proved positive of hand and pocket of accused - Defence version that tainted currency notes were forcibly thrusted in his pocket - No doubt trap witnesses are interested witness but their testimony cannot be discarded..........
RAJASTHAN HIGH COURT
Year of decision: 2007
Details
Prevention of Corruption Act, 1988, Section 7, 13(1)(d)(2)-- Illegal gratification - Conviction cannot be based on uncorroborated testimony of complainant in a bribery case - Evidence of police Investigation Officer who is interested in securing conviction, is unworthy of credit - It is not safe to rely upon evidence of trap witness without independent and..........
RAJASTHAN HIGH COURT
Year of decision: 2007
Details
Prevention of Corruption Act, 1988, Section 7, 13(1)(d)(2)-- Illegal gratification - Doctor caught red handed with tainted money recovered from his pockets - Defence that notes were forcibly thrust into pocket - Conviction on sole testimony of complainant - PWs 5, 6 & 9 turning hostile - No other independent witness - In a bribery case complainant is a..........

Showing : 1-10 of 12 Results