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Results of trap case prevention corruption act

Showing : 31-40 of 52 Results

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2010
Details

Prevention of Corruption Act, 1988, Section 7, 13(1)(d) -- Illegal gratification - Accused acquitted as (1) There is no independent witness to the demand of illegal gratification; (2) Trap witnesses are most interested witnesses therefore some independent evidence ought to have been made on the part of the raiding party - In the absence of independent witness, prosecution..........

CHHATTISGARH HIGH COURT

Year of decision: 2010
Details

Prevention of Corruption Act, 1988, Section 7, 13(1)(d) -- Illegal gratification - Demand of bribe - Trap witness - Testimony of - Held, trap witnesses are concerned in success of trial and their evidence must be tested in same way as that of other interested witnesses and in appropriate case Court may look for independent corroboration before convicting accused...........

GUJARAT HIGH COURT

Year of decision: 2009
Details

Criminal Procedure Code, 1973, Section 389, Prevention of Corruption Act, 1988, Section 7, 13 -- Illegal gratification - Conviction - Appeal - Suspension of sentence - Complainant turned hostile and admitted that applicant had not demanded any bribe - Trap money was provided by advocate of ship breaking companies which were aggrieved by levy of huge amount of tax - Trap..........

DELHI HIGH COURT

Year of decision: 2009
Details

Prevention of Corruption Act, 1988, Section 7, 13 -- Illegal gratification - Legal position in a trap case summarized viz. (i) To succeed in such a case, the prosecution is obliged to prove the previous demand of bribe, its acceptance and the recovery of tainted money; (ii) The demand can be proved by the testimony of the complainant as well from the complaint made by him..........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2009
Details

Prevention of Corruption Act, 1947, Section 5(2), 5(1)(d), Indian Penal Code, 1860, Section 161 -- Illegal gratification - Recovery of Rs.1, 00/- in a trap - Phenolphthalein test proved positive of hand and pocket of accused - Defence version that tainted currency notes were forcibly thrusted in his pocket - No doubt trap witnesses are interested witness but their..........

SUPREME COURT OF INDIA

Year of decision: 2009
Details

Prevention of Corruption Act, 1988, Section 13(1)(d), 13(2), 7, 11 -- Illegal gratification - Demand and acceptance - Acceptance of part of demanded amount proved - Entire prosecution case does not fail when case relation to trap, recovery of money and chemical test by prosecution is established...........

BOMBAY HIGH COURT

Year of decision: 2009
Details

Prevention of Corruption Act, 1988, Section 13(1)(d), 13(2) -- Illegal gratification - Very motive for demand rendered in the realm of reasonable doubt - Time gap of about one month between alleged demand for first time and trap which makes prosecution case weak - Sanctioning Authority admitted that complaint did not show that accused had demanded amount for doing any..........

RAJASTHAN HIGH COURT

Year of decision: 2008
Details

Prevention of Corruption Act, 1947, Section 5(1)(d)(2), Indian Penal Code, 1860, Section 161 -- Illegal gratification - Trap case - In a trap case demand of bribe is very material - Once the story of demand falls through, the authenticity of trap become highly doubtful because acceptance of bribe germinates through demand...........

RAJASTHAN HIGH COURT

Year of decision: 2008
Details

Prevention of Corruption Act, 1947, Section 5(1)(d)(2), Indian Penal Code, 1860, Section 161 -- Illegal gratification - Patwari - Trap case - Recovery of marked currency notes of Rs.200/- - Plea that it was towards payment of land revenue - Held, mere receipt of amount by accused is not sufficient to fasten guilt in absence of any evidence of demand and acceptance of the..........

DELHI HIGH COURT

Year of decision: 2008
Details

Prevention of Corruption Act, 1988, Section 7, 13(1)(d) -- Illegal gratification - Independent witness stating that all the writing work after raid was carried out at the office of the Anti Corruption Branch and even the diary from where the tainted money was recovered sealed there and not at the spot and tainted currency notes were not sealed at all - Such witness,..........

Showing : 31-40 of 52 Results