Prevention of Corruption Act, 1988, Section 8 -- Illegal gratification - Offence u/s 8 of Act does not require accused himself to be a public servant - However, prosecution must establish that: (i) an undue advantage was given or promised; (ii) same was intended to induce or reward a public servant; and (iii) there existed an element of improper performance of public duty...........
Prevention of Corruption Act, 1988, Section 8 -- Illegal gratification - Though phenolphthalein test and recovery of tainted notes may create suspicion, they are not substitutes for substantive evidence of demand and acceptance...........
Prevention of Corruption Act, 1988, Section 8 -- Illegal gratification - Demand and acceptance are sine qua non for proving an offence under the Act - However, in the absence of proof of demand, recovery alone is insufficient to convict an accused under the Act...........
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 156(3), Prevention of Corruption Act, 1988, Section 7, 8, 10, 13(1), 19, Indian Penal Code, 1860, Section 468, 471, 120B -- Complaint u/s 156(3) Cr.P.C. against public servant u/ss 7, 11, 13 & 15 of PC Act cannot be forwarded for investigation in the absence of sanction granted by competent authority u/s 19 of P.C. Act...........
Criminal Procedure Code, 1973, Section 389(1), Prevention of Corruption Act, 1988, Section 8, Indian Penal Code, 1860, Section 120B -- Suspension conviction - When conviction is on corruption charge against a public servant, appellate Court or revisional Court should not suspend order of conviction during pendency of appeal even if sentence of imprisonment is suspended -..........
Criminal Procedure Code, 1973, Section 438, Prevention of Corruption Act, 1988, Section 7, 8, 10, 13(1)(d), 13(2) -- Anticipatory bail - Accused joined investigation for the last over three years - Arrest of accused not considered necessary at any point of time during this long period of investigation - Apprehension that accused may tamper with evidence being in..........
Prevention of Corruption Act, 1988, Section 19, 8, 13(1)(c), 13(2), Indian Penal Code, 1860, Section 198 -- Sanction for prosecution - Offence u/ss 8, 13(1)(c), 13(2) of P.C Act and S.198 IPC - Accused seized to be public officer on the date of taking cognizance of offences against him - Allegations of abuse of office are not against accused - Allegations against accused..........
Prevention of Corruption Act, 1988, Section 8, 13(1)(c), 13(2), Indian Penal Code, 1860, Section 198 -- Offence u/ss 8, 13(1)(c), 13(2) of P.C Act and S.198 IPC - Order taking cognizance - Allegations made in charge sheet and material produced in support thereof, prima facie disclose ingredients of offences alleged against accused - At the stage of issuing summons, Court..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 465, 467, 471, 120B, Prevention of Corruption Act, 1988, Section 7(a), 8 -- Anticipatory bail - Cheating - Tax evasion - Allegation against accused are very serious, as accused indulged in tax evasion in connivance with officer/officials of Excise and Taxation - Investigation is going on and..........
