Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2), Indian Penal Code, 1860, Section 34 -- Illegal gratification - Traffic violation - Accused took away the documents of the vehicle - Accused asked to pay Rs.100/- towards illegal gratification - Recovery of tainted money from the pocked of appellant - Presence of accused at the place of occurrence established -..........
Prevention of Corruption Act, 1988, Section 20 -- Illegal gratification - Tainted currency notes recovered from pocket of accused - No cogent and acceptable explanation given by him - Presumption u/s 20 of the Act is attracted...........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2), 20 -- Illegal gratification - Presumption - Recovery of tainted money and chemical test proved positive - Do not automatically enable the Court to draw the presumption unless prosecution establish either by positive evidence or from the circumstances brought on record that accused voluntarily accepted the..........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Illegal gratification - Accused can be convicted on the solitary evidence of complainant who deposes that accused received bribe money from him...........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Illegal gratification - Complainant in the habit of trapping public servants and blackmailing them - Evidence on record disclosing that complainant trapped as many as six public servants - DW4, an accused, in one of the case deposed that he was acquitted and a finding was recorded that he was falsely..........
Prevention of Corruption Act, 1988, Section 19 -- Illegal gratification - Sanction for prosecution - An officer of U.P. Govt. serving on deputation with Uttarakhand Government - It is U.P. Govt. who can accord sanction for prosecution and not the Govt. of Uttarakhand as power to remove the accused from service is with Govt. of Uttar Pradesh...........
Prevention of Corruption Act, 1988, Section 13(1)(d) -- Illegal gratification - Proof - Held, demand and receipt or illegal gratification has to be considered in totality of facts and circumstances of case - Demand has to be established by proving some act/duty which accused was required to perform and which he did not perform but insisted for illegal gratification...........
Prevention of Corruption Act, 1988, Section 20 -- Illegal gratification - Presumption u/s.20 of the Act - Held, both demand and acceptance must be proved - When both of them become doubtful, no presumption u/s.20 of the Act can be raised...........
Prevention of Corruption Act, 1947, Section 5(2), Constitution of India, 1950, Article 32 -- Corruption case - Delayed trial - Quashing of criminal proceedings - Anti Corruption Bureau filed FIR on 26.06.1986 - Grant of sanction accorded on 22.01.1993 and thereupon, charge-sheet lodged against petitioners on 04.03.1993 - Quashing of criminal proceedings sought on the..........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Illegal gratification - Mere recovery of money from the drawer of the table of accused by itself cannot prove the charge of prosecution in absence of evidence to prove demand of bribe or to show that accused voluntarily accepted the money...........
