Prevention of Corruption Act, 1988, Section 7, 13 -- Illegal gratification - Demand and acceptance of Rs.2000 as bribe - Complainant disowned her own complaint and stated that accused never demanded any amount of illegal gratification from her - Shadow witness also admitted that accused did not initiate any demand but complainant voluntarily handed over said amount to..........
Prevention of Corruption Act, 1988, Section 7, 13(2) -- Illegal gratification - Demand of bribe by Patwari to give copy of jamabandi and khasra girdawari - Recovery of tainted currency notes from the pockets of pants of accused - Complainant and shadow witness, the two witnesses of demand and acceptance turned hostile which creates a material void in the prosecution..........
Prevention of Corruption Act, 1988, Section 7, 13 -- Illegal gratification - False implication - No direct evidence on record that I.O was having any personal grudge against accused - So far as past conduct of I.O is concerned, same is not relevant as it may be in the peculiar facts of a particular case and has no bearing in present case - Moreover, complainant, shadow..........
Prevention of Corruption Act, 1988, Section 13(2) -- Illegal gratification - No clinching evidence on record that a demand was made by accused when trap was laid - PW3 and shadow witness did not make any categorical statement in this regard - Conviction of accused u/s 13(2) of Act is set aside...........
Prevention of Corruption Act, 1988, Section 7, 13(2) -- Illegal gratification - Trap witness - A trap witness is an interested witness and his testimony, to be accepted and relied upon requires corroboration - In the instant case, PW8 who was a member of raiding party had sent the report to police station and thereafter carried the formal investigation - Nothing has been..........
Prevention of Corruption Act, 1988, Section 7, 13 - - Illegal Gratification - Accused died during pendency of appeal so his wife continued with permission - Allegations against accused that he demanded a specific sum as illegal gratification from complainant to file a final report - Though accused had not directly demanded bribe but fact that accused asked complainant..........
Prevention of Corruption Act, 1988, Section 7, 13(2) -- Illegal gratification - Mere fact that complainant and shadow witness turned hostile is itself no ground to record acquittal of accused - As it is not necessary that demand and acceptance of bribe must be proved by direct evidence - Same can be established from circumstantial evidence available on record...........
Prevention of Corruption Act, 1988, Section 7 -- Illegal gratification - Accused demanded and accepted Rs.3000 as illegal gratification from complainant for disbursement of remaining loan amount - Recovery of tainted currency notes from possession of accused, established by cogent and consistent testimonies of official witnesses - Accused had not given any explanation as..........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Illegal gratification - Complainant fully supported prosecution case about demand of illegal gratification made by accused to him - Recovery of currency notes from possession of accused stood proved by testimonies of PWs - Testimony of shadow witness fully corroborates the testimony of complainant - Serial..........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Illegal gratification - Demand of Rs.1000/- from complainant for entering mutation regarding charge of ownership - Neither recovery nor acceptance of amount proved on record - Shadow witness stated that notes were recovered from store room and not from pocket of accused - PW6 denied having recovered amount..........
