Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Illegal gratification - Mere possession and recovery of currency notes from accused without proof of demand will not bring guilt of an offence...........
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(1)(d), 13(2) -- Illegal gratification - Death of complainant or non-availability of complainant at the time of trial cannot be said to be fatal to case of prosecution, nor could it be said to be a ground to acquit accused - It is always open for prosecution to prove contents of complaint and other facts in issue by leading..........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Illegal gratification - Demand and acceptance - Accused in his explanation u/s 313 Cr.P.C had accepted receipt of alleged amount - However, defence taken by accused that acceptance of tainted currency by him was towards Audit fees of Society was not proved by him - Pre-trap and post-trap proceedings were..........
Prevention of Corruption Act, 1988, Section 7, 13(2), 13(1)(d) -- Illegal gratification - PWs are not reliable witnesses and their testimony regarding recovery of tainted money from the floor bristles with infirmity - DW1 and accused on the other hand, established that trap team headed by PW12, had forcibly dragged accused by holding his hand and manhandled the house owner..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 419, 120B, Prevention of Corruption Act, 1988, Section 7, 13(1)(a), 13(2) -- Anticipatory bail - Cheating - Proclamation u/s 82(1) Cr.P.C issued against accused - However, nothing on record to indicate that proclamation has been published as provided u/s 82(1) Cr.P.C - In the absence of..........
Prevention of Corruption Act, 1988, Section 19, Criminal Procedure Code, 1973, Section 227 -- Sanction for prosecution - Validity - Once cognizance was taken by Special Judge and charge was framed against accused, trial could neither have been stayed nor scuttled in the midst of it in view of S.19(3) of P.C Act - In the instant case, though the issue of validity of..........
Prevention of Corruption Act, 1988, Section 19(1) -- Sanction for prosecution - Validity - Stages of proceedings at which an accused could raise the issue with regard to validity of sanction would be the stage when Court takes cognizance of offence, the stage when the charge is to be framed by Court or at the stage when trial is complete i.e., at the stage of final..........
Indian Penal Code, 1860, Section 420, 467, 468, 471, 120B, Prevention of Corruption Act, 1988, Section 13(2), 13(1)(d) -- Cheating - Furnishing of fabricated documents to bank to get loan - Complaint discloses cognizable offence - Petition for quashing dismissed...........
Prevention of Corruption Act, 1988, Section 19 -- Sanction for prosecution - No document was sent to Sanctioning Authority to take an independent opinion based on record - Since there is no detail of connected records placed before her is mentioned in sanction order, application of mind and satisfaction of sanctioning authority is doubted...........
