Indian Penal Code, 1860, Section 376, 323, 506, Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(5), Evidence Act, 1872, Section 3 -- Rape - Interested witnesses - Sole testimony of prosecutrix is trust worthy and reliable - Factum of PWs being related to prosecutrix does not shatter prosecution case, as said witnesses are best..........
Criminal Procedure Code, 1973, Section 197, Prevention of Corruption Act, 1988, Section 19 -- Sanction for prosecution - Sanction can be challenged at any stage - Contention that question of sanction could only be agitated during trial rejected...........
Criminal Procedure Code, 1973, Section 197, Prevention of Corruption Act, 1988, Section 19, 13(1)(d), 13(1)(e), Indian Penal Code, 1860, Section 405 -- Sanction for Prosecution - Acquisition of assets disproportionate to known source of income - Governor quoted the complaint in detail in his order of sanction - But there is no finding as to why Governor accorded sanction..........
Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, Section 3(1) -- Preventive detention - If Detaining Authority or Government takes the aid of a legal practitioner or legal advisor before the Advisory Board, the detenu must be allowed the facility of appearing before the Board through a legal practitioner - If said right is denied to detenu..........
Criminal Procedure Code, 1973, Section 197, Indian Penal Code, 1860, Section 120B, Prevention of Corruption Act, 1988, Section 13(1)(d), 13(2) -- Sanction for prosecution - Offence u/s 120-B IPC and u/ss 13(1)(d), 13(2) of P.C. Act - Accused allegedly entered into criminal conspiracy by abusing their official positions as public servants - Accused illegally transferred..........
Prevention of Corruption Act, 1988, Section 19 -- Sanction for prosecution - No complaint can be entertained unless it is accompanied by an order of sanction, irrespective of whether Court was acting at a pre-cognizance stage or post-cognizance stage...........
Prevention of Corruption Act, 1988, Section 7, 13(2) -- Illegal gratification - Demand of bribe by Patwari to give copy of jamabandi and khasra girdawari - Recovery of tainted currency notes from the pockets of pants of accused - Complainant and shadow witness, the two witnesses of demand and acceptance turned hostile which creates a material void in the prosecution..........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2), 20 -- Illegal gratification - Accused demanded and accepted Rs.300 from complainant as illegal gratification towards monthly mamools by threatening to seize the stocks and foist a case against him - Complainant and all PWs turned hostile - Prosecution has not examined any other witness present at the time when..........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Illegal gratification - Trap Case - In trap cases, character of complainant assumes significance - Accused acquitted as complainant himself was a law breaker...........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Illegal gratification - Accused acquitted viz. (a) that, there had been no verification of the demand before laying of a trap; (b) that, the trap was laid as soon as the complaint was made and rather hurriedly; (c) that, the details regarding the manner and the place of acceptance of the bribe amount given..........
