Prevention of Corruption Act, 1988, Section 7, 13(2), 13(1)(d) -- Illegal gratification - Demand and acceptance - Mere recovery of tainted money without proof of demand will not render accused guilty of offence u/ss 7, 13(1)(d) of the Act...........
Prevention of Corruption Act, 1988, Section 7, 13(2), 13(1)(d) -- Illegal gratification - Demand and acceptance - A-1 demanded and accepted Rs.1000 from PW3 and gave one note of Rs.100 to A-2 - Having accepted the recovery of tainted money from possession of A-1, his theory of forcible implanting does not carry any merit for consideration, particularly when PWs prove the..........
Prevention of Corruption Act, 1988, Section 7, 13(2), 13(1)(d) -- Illegal gratification - Demand and acceptance - A-1 demanded bribe and obtained it from PW3 and A-2 received Rs.100 from A-1 - Prosecution not alleged that A-2 jointly demanded bribe with A-1 or he demanded bribe from PW3 independently - Whether money was given as a share in illegal gratification or for any..........
Prevention of Corruption Act, 1988, Section 7, 13(2), 13(1)(d) -- Illegal gratification - Complainant turned hostile - However, shadow witness, trap laying officer and colleagues of accused who were present at the trap, recovery of tainted money and scientific experts, are sufficient to hold that accused had obtained illegal gratification of Rs.300 from complainant - Plea..........
Prevention of Corruption Act, 1988, Section 7, 13(2), 13(1)(d) -- Illegal gratification - Demand and acceptance - Demand for gratification has to be proved by prosecution beyond reasonable doubt - There has to be demand for gratification - It is not simple demand for money, but it has to be a demand for gratification...........
Prevention of Corruption Act, 1988, Section 7, 13(2), 13(1)(d) -- Illegal gratification - Demand and acceptance - Unless both demand and acceptance are established, offence of obtaining pecuniary advantage by corrupt means covered by S.13(1)(d)(i), (ii) of the Act cannot be proved...........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d) -- Illegal gratification - Demand and recovery both must be proved in order to sustain conviction under the Act...........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d) -- Illegal gratification - Recovery of money - Conviction on the assumption that money has been recovered as such there was demand of illegal gratification - This is not a case where there was circumstantial evidence to prove the demand - Accused acquitted...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 467, 468, 471, 120B, Prevention of Corruption Act, 1988, Section 13(2), 13(1)(d) -- Anticipatory bail - CBI filed final report - Special Court issued summons for the appearance of accused - Apprehending arrest, appellants moved applications for anticipatory bail which was rejected -..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 467, 468, 471, 120B, Prevention of Corruption Act, 1988, Section 13(2), 13(1)(d) -- Anticipatory bail - CBI filed final report - Special Court issued summons for the appearance of accused - Apprehending arrest, appellants moved applications for anticipatory bail which was rejected -..........
