Prevention of Corruption Act, 1988, Section 7, 13(1)(d)(2) -- Illegal gratification - Mere possession and recovery of an amount of money is not sufficient ground to proceed against accused unless it has been proved beyond doubt that accused voluntarily accepted the money knowing it to be a bribe...........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d)(2) -- Illegal gratification - Demand and acceptance - All PWs turned hostile - Superstructure upon which presumption u/s 20 of the Act has been drawn against accused by Court below is without any sufficient foundation - Since, it has neither been proved that a demand of illegal gratification was made by accused..........
Prevention of Corruption Act, 1988, Section 13(1)(d), 13(2), Indian Penal Code, 1860, Section 420, 467, 468, 477A, 120B, Criminal Procedure Code, 1973, Section 228, 401 -- Offence u/ss 13(1)(d), 13(2) of P.C. Act and Ss.420, 467, 468, 477-A, 120-B IPC - Framing of charge - Land in question was irrigated land, which was shown as barren/non-irrigated land due to connivance..........
Jammu and Kashmir Prevention of Corruption Act 2006, Section 6 -- Sanction for prosecution - Sanction accorded to prosecute accused not under influence or under directions of Special Judge - Order of sanction clearly reflects independent application of mind by competent authority to material before it - Sanction order is proper...........
Prevention of Corruption Act, 1988, Section 7, 13(2), 13(1)(d) -- Illegal gratification - Accused being Medical Officer demanded bribe regarding payment of arrears of salary cheque to complainant - However, no cheque is to be signed by accused, question of demand or accepting bribe amount does not arise - Nothing to show that any delay is caused by accused to issue cheque..........
Prevention of Corruption Act, 1988, Section 7, Evidence Act, 1872, Section 24 -- Illegal gratification - Extra judicial confession - Evidence of PW1, PW2 and PW3 shows that confessional statement made by Officer did not appear to be voluntary, as they were already aware about the racket of touts in recruitment scam - PWs admitted that officer was part of team - No material..........
Indian Penal Code, 1860, Section 120B, 419, 420, 468, 471, Prevention of Corruption Act, 1988, Section 13(2), 13(1)(d) -- Discharge of accused - There was a meeting of mind between the respondents and other accused, for fulfilling the objective of their criminal conspiracy - There was circumstantial evidence on record, including the statements of the witnesses assigning a..........
Indian Penal Code, 1860, Section 420, 120B, Prevention of Corruption Act, 1988, Section 13(1)(c), 13(1)(d), 13(2) -- Cheating - Short payment of tax per se is not a criminal offence...........
Indian Penal Code, 1860, Section 420, 120B, Prevention of Corruption Act, 1988, Section 13(1)(c), 13(1)(d), 13(2) -- Cheating - Allegation of short payment of road tax in FIR and charge sheet - There is only a vague, bald allegation of collusion and conspiracy to defraud State of revenue, which is devoid of any material particulars - Filing of charge sheet against accused..........
Prevention of Corruption Act, 1988, Section 7 -- Illegal gratification - Demand and acceptance - Proof of demand of bribe by a public servant and its acceptance by him is sine quo non for establishing offence u/s 7 of the Act...........
