Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Demand and acceptance - Proof of demand is sine qua non to establish the offence in question - Mere recovery of money itself is not sufficient to establish guilt of accused...........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Demand and acceptance - Allegation that accused demanded the amount by making gesture, but the exact gesture was not narrated by complainant - Neither prior demand by accused is proved nor demand on the day of trap is proved, as no independent witness is examined to corroborate the version - Evidence of..........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Illegal gratification - Demand and acceptance - In the absence of proof of demand, recovery cannot form basis to prove demand...........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Illegal gratification - Bribe amount of Rs.2000 was allegedly handed over to accused when demanded by accused on the day of trap - However, Rs.500 was recovered from co-accused from his table drawer who was in other room - No evidence placed as to when accused went to co-accused and placed said amount in his..........
Indian Penal Code, 1860, Section 498A, 34, Dowry Prohibition Act, 1961, Section 3, 4 -- Cruelty - Dowry demand - Quashing of FIR - Allegations against father-in-law and mother-in-law - Omnibus hurling of abuses against accused - No specific overt act is indicated in the complaint qua accused as the entire narration in the complaint is the squabble between husband and wife..........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Illegal gratification - Demand and acceptance - Complainant and shadow witness were categoric and consistent qua demand and acceptance of bribe and corroborated each other on all material facts - Minor discrepancies with respect to their time of arrival does not undermine the credibility of their otherwise..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Wife resided in her in-laws house for only 3 days and during this period there was no co-habitation between parties - It is proved on record that when father-in-law along with other relatives came to parental house of wife for taking her back to her in-laws house, then she did not go..........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - If a married woman makes a complaint against her husband/deceased and in laws to police with regard to commission of offence of cruelty and dowry demand and police after recording statements filed charge sheet, then it cannot be said that married woman had in any manner abetted the deceased to commit suicide...........
Criminal Procedure Code, 1973, Section 439(2), Indian Penal Code, 1860, Section 304B, 498A, 506, 34 -- Cancellation of bail - Dowry death - Issue whether there were specific allegation with regard to demand of dowry, giving beatings to accused, cannot be looked into at this stage and shall be essentially gone into during the course of trial - Bail granted to accused after..........
Indian Penal Code, 1860, Section 498A -- Cruelty - Allegation by wife against parents-in-law that they forcibly evicted wife and her husband from ancestral house - There is not even a distinct line of allegations against petitioners in the entire FIR alleging any instance of demand of dowry or committing of any cruelty to wife by petitioners in connection with said demand..........
