Prevention of Corruption Act, 1988, Section 13(1)(c), 13(1)(d), 13(2) -- Departmental enquiry before registration of FIR - Not mandatory - Neither Cr.P.C. nor Act of 1988 mandates departmental inquiry before registration of FIR, if crime has been committed - It is not mandatory hold and depend on departmental inquiry before lodging of FIR...........
Prevention of Corruption Act, 1988, Section 19 -- Sanction for prosecution - Reference of FIR not given in the order granting sanction - Only for that reason, sanction does not vitiate when offence u/ss 13(1)(c), 13(1)(d), 13(2) of the Act is found...........
Criminal Procedure Code, 1973, Section 195(1)(b)(i), (ii), 340, Prevention of Corruption Act, 1988, Section 13(2), 13(1)(d), Indian Penal Code, 1860, Section 120B, 420, 467, 468, 471, 191, 192, 193 -- Explanation 2 - False evidence - At stage of investigation and prior to commencement of trial - Bar against taking of cognizance under Section 195(1)(b)(i) - Accused by..........
Criminal Procedure Code, 1973, Section 2(i), 195(1)(b)(i), (ii), Prevention of Corruption Act, 1988, Section 13(2), 13(1)(d), Indian Penal Code, 1860, Section 193 -- Explanation 2 - Fabricated document - Fabricated evidence neither given on oath before Investigating Officer, nor Investigating Authority is "Court" for fabrication of document - Thus, investigation conducted..........
Indian Penal Code, 1860, Section 161, Prevention of Corruption Act, 1947, Section 5(2) -- Offence u/s 161 IPC and S.5(2) of P.C Act - Reduction of sentence - Accused is a lady, who is now a senior citizen aged about more than 70 years - She is not keeping good health and is suffering from age related ailments - Accused has been suffering mental incarceration for about more..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 467, 468, 471, 477A, 201, 204, 409, 120B, Prevention of Corruption Act, 1988, Section 13(2), 13(1)(c), (d), Information Technology Act, 2000, Section 66 -- Anticipatory bail - Accused was not named in FIR and during investigation he had fully cooperated and participated and his statement u/s..........
Prevention of Corruption Act, 1988, Section 7, 13(2), 13(1)(d) -- Illegal gratification - Mere recovery by itself cannot prove charge of prosecution against accused...........
Prevention of Corruption Act, 1988, Section 7, 13(2), 13(1)(d) -- Illegal gratification - Evidence of PWs is that currency and cell phone were taken out from drawer of table by accused at their instance - Material contradictions in depositions of PW2 and it is clear from his deposition that he has developed animosity against accused and he himself stated in his..........
Prevention of Corruption Act, 1988, Section 5(2) -- Criminal misconduct - Quantum of sentence - Incident occurred in 1978 - Accused is now a senior citizen aged about 82 years - He is not keeping good health and is suffering from age related ailments - Accused has already served 20 days incarceration and he has suffered mental incarceration for about 42 years - Substantive..........
Criminal Procedure Code, 1973, Section 389(1), Prevention of Corruption Act, 1988, Section 13(2), 13(1)(e), 11 -- Suspension of sentence during pendency of appeal against conviction - Offence u/ss 13(2), 13(1)(e), 11 of P. C Act - Considering facts and circumstances of case including extent of imprisonment undergone, condition of health of accused and need for early..........
