Prevention of Corruption Act, 1988, Section 7 -- Illegal gratification - Proof of demand of gratification and acceptance of gratification is a sine qua non for establishing commission of an offence punishable u/s 7 of the Act...........
Prevention of Corruption Act, 1988, Section 7, 13(2), 13(1)(d) -- Illegal gratification - Demand and acceptance - Unless both demand and acceptance are established, offence of obtaining pecuniary advantage by corrupt means covered by S.13(1)(d)(i), (ii) of the Act cannot be proved...........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d) -- Illegal gratification - Demand and recovery both must be proved in order to sustain conviction under the Act...........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d) -- Illegal gratification - Recovery of money - Conviction on the assumption that money has been recovered as such there was demand of illegal gratification - This is not a case where there was circumstantial evidence to prove the demand - Accused acquitted...........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Illegal gratification - Complainant died prior to his examination - There is no direct evidence to prove allegations of demand prior to date of trap and on the date of trap - Solitary circumstance on which prosecution sought to prove the guilt is recovery of amount which is doubtful - Benefit of presumption..........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Illegal gratification - True version of accused was not recorded in post trap proceedings - Said fact has support from contents of S.164 Cr.P.C of de facto complainant - Case of prosecution thus, rightly disbelieved - Acquittal upheld...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 467, 468, 471, 120B, Prevention of Corruption Act, 1988, Section 13(2), 13(1)(d) -- Anticipatory bail - CBI filed final report - Special Court issued summons for the appearance of accused - Apprehending arrest, appellants moved applications for anticipatory bail which was rejected -..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 467, 468, 471, 120B, Prevention of Corruption Act, 1988, Section 13(2), 13(1)(d) -- Anticipatory bail - CBI filed final report - Special Court issued summons for the appearance of accused - Apprehending arrest, appellants moved applications for anticipatory bail which was rejected -..........
Prevention of Corruption Act, 1988, Section 13(1)(b), (2), Indian Penal Code, 1860, Section 120B -- Assets disproportionate to known sources of income - Quashing of FIR - It is desirable that FIR pertaining to corruption cases cannot be quashed at the stage of investigation, as it is difficult to form an opinion conclusively at the stage of investigation that public..........
Prevention of Corruption Act, 1988, Section 19 -- Sanction for prosecution - Challenge as to - Writ petition - Question as to whether sanctioning authority has applied his mind or not is something which cannot be agitated in a writ petition - If petitioner has got a case that sanctioning authority accorded sanction without applying his mind, petitioner can very well..........
