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..........
Prevention of Corruption Act, 1988, Section 7, 13, Indian Penal Code, 1860, Section 120B, 201, 34, Criminal Procedure Code, 1973, Section 439 -- Bail - Illegal gratification - Applicant a police personnel demanded Rs.20,000 from complainant for not arresting him in a case - Transcript of allegedly recorded telephonic conversation between complainant and applicant read out..........
Prevention of Corruption Act, 1988, Section 7, 13, Indian Penal Code, 1860, Section 120B, 201, 34 -- Illegal gratification - Since the applicant is a Delhi Police personnel serving the citizens in NCTD and functions of Delhi Police personnel substantially and essentially relate to affairs of GNCTD, thus, Anti Corruption Bureau of GNCTD has jurisdiction to entertain and act..........
Prevention of Corruption Act, 1988, Section 7, 13, Constitution of India, 1950, Article 239AA - - `Public Order' - Offence under P.C. Act per se would have no bearing on `Public Order' - `Public order' implies absence of violence and an orderly state of affairs in which citizens can peacefully pursue their normal avocations of life - Entry 1 of List II of State list would..........
Prevention of Corruption Act, 1988, Section 7, 13(2), 13(1)(d) -- Illegal gratification - Conviction - Quantum of sentence - Accused sentenced to undergo R.I. for 4 years - Since for about 19 years accused has undergone agony of criminal proceedings and is now 74 years of age - Sentence of 4 years reduced to 1 year...........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2), 20 -- Illegal gratification - Prosecution witnesses establishing demand and acceptance of tainted money by accused person at time of registration of Will - Recovery of tainted money has not been challenged - Failure of accused in rebutting presumption u/s.20 of the Act - Guilt of accused established beyond..........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2), 20 -- Illegal gratification - Plea of accused that trap proceedings were stage managed - Prosecution evidence regarding demand of bribe and receipt of same, found to be reliable - Hand of accused person tested and found to be tainted - Statements of prosecution witnesses corroborated with each other - Guilt of..........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2), 20 -- Illegal gratification - Presumption - Accused Sub Inspector of police allegedly demanded Rs.1000 from complainant in order to permit him to sign bail bond papers - Currency notes were recovered from hip pocket of accused - Immediate explanation offered by accused was that money was thrust into his pocket..........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Illegal gratification - Reduction of sentence - Sentence not reduced on ground of medical condition as accused is given the minimum sentence...........
