Prevention of Corruption Act, 1988, Section 7, 13(2), 13(1)(d) -- Illegal gratification - Demand and acceptance - Allegation that A-1 demanded and accepted Rs.1500 as bribe and he shared Rs.500 with A-2 - PW1 and PW2 are direct witnesses for receipt of money by A-1 - Testimony of both these witnesses are corroborating each other and there is no contradiction - Opportunity..........
Prevention of Corruption Act, 1988, Section 13(1)(c) -- Offence u/s 13(1)(c) of the Act - Ingredients of criminal breach of trust and misappropriation have to be proved by prosecution for establishing offence u/s 13(1)(c) of the Act...........
Prevention of Corruption Act, 1988, Section 13(1)(c), 13(2), Indian Penal Code, 1860, Section 409 -- Offence u/ss 13(1)(c), 13(2) of P.C. Act and S.409 IPC - Entrustment of amount with accused has been proved - Explanation offered by accused is that he entrusted the amount with temporary peon who deposited it in treasury - However, PW1 and PW2 specifically deposed that..........
Prevention of Corruption Act, 1988, Section 19, 7 -- Sanction for prosecution - Material on record shows that accused had accepted bribe money - Offence u/s 7 of the Act was made out for grant of sanction to prosecute - No case of failure of justice is pleaded or canvassed for any irregularity in grant of sanction - Sanction for prosecution rightly granted...........
Prevention of Corruption Act, 1988, Section 7, 13(2), 13(1)(d) -- Illegal gratification - Demand and acceptance - Mere recovery of tainted money without proof of demand will not render accused guilty of offence u/ss 7, 13(1)(d) of the Act...........
Prevention of Corruption Act, 1988, Section 7, 13(2), 13(1)(d) -- Illegal gratification - Demand and acceptance - A-1 demanded and accepted Rs.1000 from PW3 and gave one note of Rs.100 to A-2 - Having accepted the recovery of tainted money from possession of A-1, his theory of forcible implanting does not carry any merit for consideration, particularly when PWs prove the..........
Prevention of Corruption Act, 1988, Section 7, 13(2), 13(1)(d) -- Illegal gratification - Demand and acceptance - A-1 demanded bribe and obtained it from PW3 and A-2 received Rs.100 from A-1 - Prosecution not alleged that A-2 jointly demanded bribe with A-1 or he demanded bribe from PW3 independently - Whether money was given as a share in illegal gratification or for any..........
Prevention of Corruption Act, 1988, Section 7, 13(2), 13(1)(d) -- Illegal gratification - Complainant turned hostile - However, shadow witness, trap laying officer and colleagues of accused who were present at the trap, recovery of tainted money and scientific experts, are sufficient to hold that accused had obtained illegal gratification of Rs.300 from complainant - Plea..........
Prevention of Corruption Act, 1988, Section 17A -- Prior approval - Source report of public with general allegations of illegal, improper exercise of powers in violation of prescribed procedure by taking bribes by accused was enquired into - Investigation carried out by respondent was not in relation to any specific decision or recommendation made by accused of the nature..........
Prevention of Corruption Act, 1988, Section 13(1)(a), 17 -- Quashing of prosecution - The Second proviso to Section 17 of the Act directs that the offense referred to under Section 13(1)(e) of the Act shall not be investigated without the order of a police officer not below the rank of a Superintendent of Police - There is no such order of the police officer not below the..........
