Prevention of Corruption Act, 1988, Section 19 -- Sanction for prosecution - Mere fact that there is a typographical error in showing the designation of accused, it cannot be said that sanction issued is bad, particularly when all other details of accused are correct...........
Criminal Procedure Code, 1973, Section 156(3), Prevention of Corruption Act, 1988, Section 7, 8, 10, 13(1), 19, Indian Penal Code, 1860, Section 468, 471, 120B -- Complaint u/s 156(3) Cr.P.C. against public servant u/ss 7, 11, 13 & 15 of PC Act cannot be forwarded for investigation in the absence of sanction granted by competent authority u/s 19 of P.C. Act...........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Illegal gratification - Demand and acceptance - It is not necessary that there should be direct evidence in all cases to prove demand and acceptance - It can be proved by acceptable circumstantial evidence as well...........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Illegal gratification - Demand and acceptance - Accused demanded bribe from decoy witness to effect mutation of his land - Conversation between accused and decoy witness in DVD proves that there was specific statement from the part of decoy witness to reduce the bribe amount - Though tainted notes were not..........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Illegal gratification - Reduction of sentence - Accused has no criminal antecedents - Substantive sentence of three years as imposed by Court below is excessive - Sentence reduced to one year...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 406, 409, 420, 465, 468, 471, 477A, 120B, Prevention of Corruption Act, 1988, Section 13(1)(A), 13(2) -- Bail - Embezzlement of money - Accused is specifically named in the FIR and he is also prima facie found to be involved in the scam - He is behind bars for a substantial period of more than 5..........
Prevention of Corruption Act, 1988, Section 19, Criminal Procedure Code, 1973, Section 173, 197 -- Further investigation - Special Judge, while ordering further investigation, is not empowered to direct investigating agency to obtain sanction u/s 19 of the Act of 1988 to prosecute the accused...........
Prevention of Corruption Act, 1988, Section 7, 13(2), 13(1)(d) -- Illegal gratification - Quashing of proceedings - Proceedings cannot be quashed merely because informant turned hostile and does not support prosecution case, as demand and acceptance may be proved from other materials during trial connected to alleged trap and also by subjecting informant to examination in..........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d)(i), (ii) -- Illegal gratification - Where complainant turns hostile or has died or is unavailable to let in his evidence during trial, demand of illegal gratification can be proved by letting in the evidence of any other witness who can again let in evidence, either orally or by documentary evidence or prosecution can..........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d)(i), (ii) -- Illegal gratification - Demand and acceptance - In order to prove fact in issue i.e demand and acceptance of illegal gratification following aspects have to be borne in mind: (i) If there is an offer to pay bribe giver without there being any demand from public servant and latter simply accepts the offer..........
