Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Illegal gratification - Demand and acceptance - Allegation that A-1 and A-2 being surgeons demanded bribe for performing operation in Government hospital - However, operation was performed by A-2 - Neither operation was conducted by A-1 nor cell phone was taken by A-1 - Further, spontaneous explanation was..........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Demand and acceptance - Allegation that accused being Assistant Director of Agriculture demanded bribe from complainant for renewal of licence to run a fertilizer shop - On the date of trap application for renewal of licence was seized from accused - Amount was thrown on the floor by accused when he saw the..........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Illegal gratification - Bribe amount of Rs.2000 was allegedly handed over to accused when demanded by accused on the day of trap - However, Rs.500 was recovered from co-accused from his table drawer who was in other room - No evidence placed as to when accused went to co-accused and placed said amount in his..........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Illegal gratification - Demand and acceptance - Complainant and shadow witness were categoric and consistent qua demand and acceptance of bribe and corroborated each other on all material facts - Minor discrepancies with respect to their time of arrival does not undermine the credibility of their otherwise..........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2), Evidence Act, 1872, Section 114(g) -- Illegal gratification - Demand and acceptance - Adverse inference - Reason for demand of bribe is execution of eight works by PW1 - Details of works were available according to PW1 - However, such proof was not produced - Adverse inference has to be drawn against..........
Prevention of Corruption Act, 1988, Section 7, 13 -- Illegal gratification - Accused accepted the receipt of amount of Rs.20,000, however, stated that said amount was towards loan that was asked by accused and complainant agreed to provide said loan - Reason for which loan was sought is not explained - No promissory note was executed nor any receipt - Answer given to DSP..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Interim protection granted subject to co-operation of accused with investigating agency - Accused joined investigation but did not co-operate with the police nor got recovered the amount of bribe received by him nor disclosed other facts of the case properly - Behaviour attributed to accused to the instances..........
Prevention of Corruption Act, 1988, Section 7 -- Illegal gratification - Demand and acceptance - Accepting bribe without any demand - In such a case prosecution need not to establish demand - However, in a case when bribe is demanded and same is received by public servant then prosecution has to establish prior demand by the public servant...........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Illegal gratification - Demand and acceptance - Complainant had turned hostile and shadow witness has not stated about demand made by accused in his presence - There is no clear and convincing evidence on record to show that accused had demanded and accepted bribe amount of Rs.500 from complainant -..........
Prevention of Corruption Act, 1988, Section 7, 13(2), 13(1)(d) -- Illegal gratification - Demand and acceptance - Allegation that A-1 demanded and accepted Rs.1500 as bribe and he shared Rs.500 with A-2 - PW1 and PW2 are direct witnesses for receipt of money by A-1 - Testimony of both these witnesses are corroborating each other and there is no contradiction - Opportunity..........
