Prevention of Corruption Act, 1988, Section 8 -- Illegal gratification - Demand and acceptance - Tehsildar on whose behalf alleged bribe was being demanded was not prosecuted due to want of sanction - This casts serious doubt on the narrative of prosecution regarding appellant acting as a conduit for a public servant - Complainant turned hostile and did not support case of..........
Criminal Procedure Code, 1973, Section 406 -- Transfer of a case - While considering an application for transfer of trial some of broad factors which could be kept in mind are: (i) when it appears that State machinery or prosecution is acting hand in glove with accused, and there is likelihood of miscarriage of justice due to the lackadaisical attitude of prosecution; (ii)..........
Protection of Children from Sexual Offences Act, 2012, Section 6, Indian Penal Code, 1860, Section 506 -- Sexual assault - Sole testimony of prosecutrix - Complainant/father of prosecutrix turned hostile - Once the statement of prosecutrix inspires confidence and accepted by Court, conviction can be based upon solitary evidence of prosecutrix and no further corroboration..........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Illegal gratification - Demand and acceptance - Complainant had turned hostile and shadow witness has not stated about demand made by accused in his presence - There is no clear and convincing evidence on record to show that accused had demanded and accepted bribe amount of Rs.500 from complainant -..........
Prevention of Corruption Act, 1988, Section 7, 13(2), 13(1)(d) -- Illegal gratification - Complainant turned hostile - However, shadow witness, trap laying officer and colleagues of accused who were present at the trap, recovery of tainted money and scientific experts, are sufficient to hold that accused had obtained illegal gratification of Rs.300 from complainant - Plea..........
Indian Penal Code, 1860, Section 376 -- Rape - Complainant turning hostile - Courts to direct prosecution to initiate proceedings u/s 182 IPC where complainant turns hostile in Court or direct administration to initiate disciplinary action against police authority for submitting frivolous charge sheets in Courts...........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d)(i), (ii) -- Illegal gratification - Where complainant turns hostile or has died or is unavailable to let in his evidence during trial, demand of illegal gratification can be proved by letting in the evidence of any other witness who can again let in evidence, either orally or by documentary evidence or prosecution can..........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d)(i), 13(1)(d)(ii) -- Illegal gratification - Where complainant turns hostile or has died or is unavailable to let in his evidence during trial, demand of illegal gratification can be proved by letting in the evidence of any other witness who can again let in evidence, either orally or by documentary evidence or..........
Indian Penal Code, 1860, Section 504, 506(2), 114, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(10) -- Offence u/ss 504, 506(2), 114 IPC and S.3(1)(10) of SC/ST Act - Panch witness turned hostile and not supported case of prosecution - Complainant stated that he was not able to identify his application given to police -..........
Indian Penal Code, 1860, Section 307, Arms Act, 1959, Section 25, 27 -- Attempt to murder - Recovery of motorcycle and country made pistol - Recovery effected from house of PW2 based on disclosure statement of accused as per Sub Inspector - However, seizure witnesses have given varying statements regarding the same - PW5 declared hostile by prosecution, as he stated that..........
