Prevention of Corruption Act, 1988, Section 19, Evidence Act, 1872, Section 74(1)(iii) -- Sanction for prosecution - Public document - For a prosecution sanction u/s 19 of Act to claim sanctity as a public document u/s 74(1)(iii) of Evidence Act, it must be something done or made by authority in the discharge of his normal official functions as Government servant - If..........
Criminal Procedure Code, 1973, Section 156(3) -- Direction for investigation - Offence under Prevention of Corruption Act - Special Judge has power to pass order u/s 156(3) Cr.P.C. as a Court of original criminal jurisdiction and this power is not restrained or specifically denied by any statue - Moreover, complaint was pertaining to offences under P.C. Act and the only..........
Prevention of Corruption Act, 1988, Section 12 -- Abetment - Mere offer to give illegal gratification without there being demand and acceptance of the amount - Prosecution u/s 12 of the Act, as a case of abetment is not possible...........
Prevention of Corruption Act, 1988, Section 19 -- Sanction for prosecution - Requirement - Accused being a public servant while holding a temporary post demanded and accepted Rs.1 lakh as bribe - Accused thereafter sent back to his original post - Sanction for prosecution is necessary though accused was no more holding the post where he accepted the bribe money...........
Prevention of Corruption Act, 1988, Section 19 -- Sanction for prosecution - It is not permissible for sanctioning authority to review or reconsider the matter on same materials again - Only where fresh material is collected by Investigating agency subsequent to earlier order declining sanction then that matter is open for reconsideration...........
Prevention of Corruption Act, 1988, Section 13(1)(e), 13(2), 5 -- Disproportionate assets - Less than 10% of the total income - Accused entitled to acquittal - Accused acquitted...........
Prevention of Corruption Act, 1988, Section 13(1)(d), 13(2), 13(1)(e), Criminal Procedure Code, 1973, Section 154 -- Two FIRs for the same offence - First FIR for demand of illegal gratification - Second FIR for assets disproportionate to known sources of income - Both the offences are related to different provisions of Act of 1988 - Both the FIR's are distinct and cannot..........
Prevention of Corruption Act, 1988, Section 7, 13 -- Illegal gratification - Accused a public servant (BDPO) demanded Rs.2000 from complainant to pass the resolution for auction of fish-ponds in village - Complainant was Sarpanch and had sent the resolution for approval of accused - Accused caught red handed while demanding and accepting illegal gratification - Recovery of..........
Prevention of Corruption Act, 1988, Section 7, 13 -- Illegal gratification - Accused pleaded that he has no role to play in auction of fish pond of village and could not grant any benefit to complainant - Plea rejected as demand and acceptance of illegal gratification is proved on record - Moreover, BDPO is the officer through whom resolution of Gram Panchayat is to be..........
Prevention of Corruption Act, 1988, Section 7, 13 -- Illegal gratification - False implication - No direct evidence on record that I.O was having any personal grudge against accused - So far as past conduct of I.O is concerned, same is not relevant as it may be in the peculiar facts of a particular case and has no bearing in present case - Moreover, complainant, shadow..........
