Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Illegal gratification - Proof - Version of appellant that PW2 came to his office and placed amount and papers on table when he was talking to 4 or 5 persons - Said version supported by DWs.1 and 2 - Normal course of conduct expected of appellant would be that he would keep amount somewhere instead of keeping..........
Prevention of Corruption Act, 1988, Section 13(1)(e) -- Offence u/s 13(1)(e) of Act - Private complaint - In the absence of a provision which bars private individual from filing such complaint, complaint is maintainable against public servant who committed such alleged offence...........
Criminal Procedure Code, 1973, Section 156(3), Prevention of Corruption Act, 1988, Section 5 -- Police investigation - It is mandatory on the part of Special Judge to apply his mind to the allegations made in complaint to find-out as to whether it discloses any offence and whether it is necessary to refer the complaint to police for investigation...........
Criminal Procedure Code, 1973, Section 156(3), Prevention of Corruption Act, 1988, Section 17, 13(1)(e) - - Police investigation - Special Judge has jurisdiction to direct investigation in exercise of power u/s 156(3) Cr.P.C. in respect of the allegations relating to offence punishable u/s 13(1)(e) of P.C. Act only on the satisfaction that investigation is necessary and he..........
Criminal Procedure Code, 1973, Section 197, Prevention of Corruption Act, 1988, Section 13(1), 13(1)(d), 19, Indian Penal Code, 1860, Section 467, 468, 471, 420 -- Public servant - Sanction for prosecution - Sanction granted u/s 19 of Act of 1988 for offence u/s 13(1) and 13(1)(d) of Prevention of Corruption Act and S.420 IPC - Sanction not granted for offence u/ss 467,..........
Prevention of Corruption Act, 1988, Section 7, 13, Probation of Offenders Act, 1958, Section 4 -- Offence prescribing minimum sentence - Held, in cases where a specific provision prescribed a minimum sentence, the provisions of Probation Act cannot be invoked...........
Prevention of Corruption Act, 1988, Section 19 -- Sanction for prosecution - Order of - Legality - Detailed reasons given for grant of prosecution sanction - Every aspect has been considered therein - Held, it cannot be said to be an order without application of mind - Sanction has been given after considering all material and evidence - No interference called for...........
Prevention of Corruption Act, 1988, Section 5(1)(d), 5(2), 5(3A), Indian Penal Code, 1860, Section 161 -- Illegal gratification - Co-accused acquitted as prosecution witnesses did not transpire confidence - Conviction of appellant on the same evidence does not sound to be reasonable and correct...........
Prevention of Corruption Act, 1988, Section 19, 7, 13(1)(d), 13(2) -- Offence u/ss 7, 13(1)(d), 13(2) Prevention of Corruption Act - Sanction for prosecution - Sanction granted just by signing a draft for sanction - Sanction vitiated for non application of mind - However, competent authority can consider the matter afresh...........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 20 -- Illegal gratification - Conviction - Validity - PWs.1 and 2 did not totally depart from basic version of prosecution - They in fact supported basic version of prosecution - If their evidence and that of PW5 is considered in its entirety it is to the effect that appellant demanded bribe of Rs.5000/- from PW1 for..........
