Prevention of Corruption Act, 1988, Section 7, 13(2) -- Illegal gratification - Accused not apprehended while accepting bribe - Matter was reported to police after more than a month of acceptance of the alleged bribe money - Delay gains significance - Delay not explained - Held, delay is fatal to prosecution case...........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Illegal gratification - Demand of illegal gratification is sine qua non to constitute offence under the Act - Further, mere recovery of currency notes itself does not constitute offence under the Act unless it is proved beyond all reasonable doubt that accused voluntarily accepted money knowing it to be..........
Prevention of Corruption Act, 1988, Section 13(1)(d), 13(2), 20 -- Corruption Case - Demand - Held, demand of illegal gratification is sine qua non for constituting an offence under the Act - Mere recovery of tainted money is not sufficient to convict accused when substantive evidence in the case is not reliable, unless there is evidence to prove payment of bribe or to..........
Indian Penal Code, 1860, Section 120B, Prevention of Corruption Act, 1988, Section 7, 13(2) -- Criminal conspiracy - Accused "P" was tried convicted and sentenced for hatching a conspiracy with main accused Army Havaldar "S" for receiving bribe money from complainant in getting appointed his son in Army - Accused "P" was one who had remained in constant touch with..........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Illegal gratification - Proof - No reliable evidence on record that appellant demanded money and received same from informant - Evidence that informant himself inserted money in pocket of appellant does not amount to acceptance of money by appellant - Evidence of DW1 rather reveals that when money was..........
Criminal Procedure Code, 1973, Section 482, 190, Prevention of Corruption Act, 1988, Section 13(2), 13(1)(d), 7 - - Cognizance of offence - Quashing - No corroboration of testimony of complainant regarding demand of bribe by accused - Held, evidence of complainant cannot be relied on - Impugned order taking cognizance of offences against accused-petitioner stands quashed -..........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Illegal gratification - Mere recovery by itself cannot prove the charge in the absence of any evidence to prove demand of bribe or to show that accused voluntarily accepted the money knowing it to be bribe...........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Illegal gratification - Non examination of complainant - In the absence of complainant, there is no substantive evidence to prove the factum of demand of bribe...........
Prevention of Corruption Act, 1988, Section 19 -- Sanctioning - Validity of sanctioning order - Trial Court observed that order of sanction is (a) completely bereft of elementary details; (b) that though the date is not mentioned in the FIR, the authority has mentioned the date in the sanction order; (c) that the order of sanction is delightfully vague; (d) that the amount..........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2), 20 -- Illegal gratification - Presumption - Recovery of tainted money and chemical test proved positive - Do not automatically enable the Court to draw the presumption unless prosecution establish either by positive evidence or from the circumstances brought on record that accused voluntarily accepted the..........
