Prevention of Corruption Act, 1988, Section 7, 13(1)(d) -- Illegal gratification - When demand and acceptance is not proved which are vital ingredients so far as establishing guilt of accepting illegal gratification is concerned and in consequence whereof, recovery of tainted currency notes behind water pots which were lying outside police station on public road has become..........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), Evidence Act, 1872, Section 3 -- Illegal gratification - Trap Case - Alleged demand and acceptance of amount by accused-Police officer - Tainted currency notes found behind water pot outside police station and not chamber of accused - Test of ultra violet lamp positive over fingers and negative for thumb of accused -..........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Illegal gratification - Accused being a doctor demanded Rs.1000 from complainant to carry out her surgery - Crucial evidence as to demand and acceptance of bribe amount by accused is consistent - Minor inconsistency in the evidence of PWs would not matter at all - More so, complainant was not verbally..........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2), Criminal Procedure Code, 1973, Section 311, Evidence Act, 1872, Section 138 -- Recall of witness for re-examination - When witness has supported prosecution case in his examination-in-chief and has also been cross-examined at length and he has even denied to specific suggestions put forth by defence counsel..........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2), Criminal Procedure Code, 1973, Section 311, Evidence Act, 1872, Section 138 -- Recall of witness for re-examination - Merely because in unguarded moment, witness spoke something in cross-examination which did not suit prosecution, Court should not have exercised its discretion to allow prosecution to..........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Illegal gratification - Tape recorder given by raiding party to complainant - Complainant forget to turn on the tape recorder - No adverse inference can be drawn when prosecution is able to otherwise prove its can on the basis of clinching evidence...........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Illegal gratification - Plea that there was no reason for the appellant to demand money as he had no role in the matter to grant a copy of the sanctioned map - File in question seized from the residence of accused - It cannot be said that appellant had no role to play in the matter and that there was no..........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Illegal gratification - Mere recovery of money from the pocket of pyjama of accused by itself not cogent evidence to prove the charges of prosecution, particularly when there is no evidence to prove demand and acceptance of bribe - Accused acquitted...........
Prevention of Corruption Act, 1988, Section 7, 13(2) -- Main Service Regulation, 1972, Volume I, Part I, Regulation 7.3 - Petitioner on account of his arrest by police remained in police custody and then judicial custody - By stretch of imagination, said period cannot be treated as duty period - Thus, it was rightly treated as leave of kind due...........
Prevention of Corruption Act, 1988, Section 7, 13(2) -- Main Service Regulation, 1972, Volume I, Part I, Regulation 7.3 - If an employee is dismissed from service only on account of his conviction in criminal case and said conviction is set aside, may be granting him benefit of doubt, employee is entitled to be reinstated in service with full back wages alongwith..........
