Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Demand and acceptance - Allegation that accused demanded the amount by making gesture, but the exact gesture was not narrated by complainant - Neither prior demand by accused is proved nor demand on the day of trap is proved, as no independent witness is examined to corroborate the version - Evidence of..........
Prevention of Corruption (Amendment) Act, 2018, Section 2(d), 7 -- Undue advantage - Public servant receiving money to process even a routine application comes under definition of `undue advantage' to constitute the offences...........
Prevention of Corruption (Amendment) Act, 2018, Section 7(a), 7(A) -- Illegal gratification - Allegation levelled against accused in the prosecution records discloses the offences alleged against accused - Correctness or otherwise of allegations levelled in the final report is a matter to be tested during the course of investigation - Petition for quashing dismissed...........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Illegal gratification - Demand and acceptance - In the absence of proof of demand, recovery cannot form basis to prove demand...........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Illegal gratification - Bribe amount of Rs.2000 was allegedly handed over to accused when demanded by accused on the day of trap - However, Rs.500 was recovered from co-accused from his table drawer who was in other room - No evidence placed as to when accused went to co-accused and placed said amount in his..........
Prevention of Corruption Act, 1988, Section 19 -- Sanction for prosecution - Mere invalidity of sanction cannot be a ground for acquittal of an accused...........
Prevention of Corruption Act, 1988, Section 19 -- Sanction for prosecution - Mere procedural defects in the sanction process would not invalidate the case of prosecution...........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Illegal gratification - Demand and acceptance - Complainant and shadow witness were categoric and consistent qua demand and acceptance of bribe and corroborated each other on all material facts - Minor discrepancies with respect to their time of arrival does not undermine the credibility of their otherwise..........
Prevention of Corruption Act, 1988, Section 17A -- Prior approval from competent authority - Approval as provided u/s 17-A of the Act comes into play only when alleged offence is relatable to any recommendation made or decision taken by a public servant in discharge of his official functions or duties...........
Prevention of Corruption Act, 1988, Section 17A -- Prior approval from competent authority - Allegations related to corruption and malpractice in the selection process are not relatable to any recommendation made or decision taken by a public servant - Prior approval is thus, not required...........
