Prevention of Corruption Act, 1988, Section 7, 126, 13(2) -- Illegal gratification - Conviction - Validity - Accused allegedly accepted illegal gratification for release of nephew of complainant from police custody - Consistent version of complainant and two other witnesses that despite having received bribe amount by accused, nephew of complainant was not released - Also..........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d)(i)(ii), 20 -- Illegal gratification - Demand and acceptance - Presumption as to - Held, presumption u/s.20 of the Act can only be in respect of offence u/s.7 and not for offences u/s.13(1)(d)(i)(ii) of the Act - It is only on proof of acceptance of illegal gratification that presumption can be drawn u/s.20 of the Act..........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Illegal gratification - Accused took a bribe of Rs.400/- from complainant for activation of telephone connection which was otherwise his bounded duty to perform being JTO Outdoor - Activation of telephone connection was withheld and it was finally activated only after complainant agreed to pay illegal..........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Illegal gratification - Activation of telephone connection - Accused contended that photocopy of letter which relates to application for telephone connection could not be exhibited unless original was produced - If originals had not been produced, it was at that point of time the duty of defence counsel to..........
Prevention of Corruption Act, 1988, Section 13(1)(d), 7, 13(2), Criminal Procedure Code, 1973, Section 306, 460 -- Corruption case - Grant of pardon to accused - Held, both Magistrate as well as Special Judge has concurrent jurisdiction in granting pardon u/s 306 Cr.P.C. while investigation is going on - But, where Magistrate has exercised his jurisdiction u/s 306 Cr.P.C.,..........
Prevention of Corruption Act, 1988, Section 13(1)(d), 13(2), Criminal Procedure Code, 1973, Section 306 -- Corruption case - Grant of pardon to accused - Application for - CBI filed application before Special Judge for grant of pardon to second respondent - Special Judge referred application to Magistrate to deal with same since case was under investigation - Held, no..........
Criminal Procedure Code, 1973, Section 197, Prevention of Corruption Act, 1988, Section 13, Constitution of India, 1950, Article 226 -- Sanction to prosecute - Refusal to - PIL against - Scandal of illegal appointments and payment of salaries to teachers - Impugned orders declining sanction for prosecution passed after considering evidence and material on record - Held,..........
Prevention of Corruption Act, 1988, Section 7, 13(2) -- Illegal gratification - Accused an accounts officer of HPSEB was demanding bribe on account of passing bills of complainant - Complainant admitted that he used to give bribe to all officials for the last 3-1/2 years but never filed any complaint - Contradictions as to who had asked the complainant to hand over..........
Prevention of Corruption Act, 1988, Section 7, 13(1)(e), 13(2) -- Illegal gratification - Accused working as writer of police Sub-inspector demanded an illegal gratification for making the case weak against complainant - Tainted currency notes were recovered from the pocket of accused - Marks of anthrecene powder found on the pocket and finger tips of accused - No..........
Prevention of Corruption Act, 1988, Section 7, 13(1)(e), 13(2) -- Illegal gratification - Accused settled the amount at Rs.1400/- as illegal gratification out of which Rs.500/- was accepted by him and remaining amount agreed to be paid later on - No demand was made at the time of raid - When previous demand is proved it is not required that demand at the time of raid..........
