Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Illegal gratification - Accused acquitted viz. (a) that, there had been no verification of the demand before laying of a trap; (b) that, the trap was laid as soon as the complaint was made and rather hurriedly; (c) that, the details regarding the manner and the place of acceptance of the bribe amount given..........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Illegal gratification - Trap Case - When trap is without verification of demand then it is essential to have truly independent witnesses - In the instant case Panch witness had previously acted as a panch for Anti Corruption Bureau (ACB) on about 3 to 4 occasions - Selecting such a witness casts doubt on the..........
Prevention of Corruption (Amendment) Act, 2006, Section 5(2), Ranbir Penal Code, 1989, Section 161 -- Illegal gratification - Appeal against conviction - Accused/official taking bribe of Rs.550 for issuance of jamabandi to complainant - Two independent witnesses were present during trap and there is no reason to disbelieve their testimony - Accused hand turned pink upon..........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Illegal gratification - Trap case - Where prosecution is based on a trap, it must be the concern of Court to examine the whole materials, and find whether trap is a genuine trap arranged by police on a genuine complaint or whether it is a vicious trap which police happened to make on a mischievous complaint..........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Illegal gratification - Trap case - A trap for a trap at the instigation, or at instances of somebody who is interested in such a trap, or who is for his own reasons, interested to see that a particular public servant is trapped, cannot be said to be a genuine or legitimate trap - Such a trap is a vicious..........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Illegal gratification - Merely on the basis of recovery of phenolphthalein tainted currency alone, accused cannot be found guilty - Evidence of PW7 DSP is only regarding recovery of currency from the consulting room of doctor - Such evidence would have only supportive value - There must be some direct and..........
Prevention of Corruption Act, 1988, Section 7, 13(2), 13(1)(d), 5(2), Indian Penal Code, 1860, Section 161 -- Illegal gratification - Accused being assistant in DT office allegedly demanded bribe from complainant for registration of vehicle - No evidence on record that complainant was real owner of vehicle - Genesis of illegal demand is not proved on record - Even motive..........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Illegal gratification - Evidence on record shows that amount said to have been claimed by accused appears to be restoration charges which has to be collected from complainant - Evidence of complainant was not consistent regarding dates on which amount was demanded and paid - Both decoy and trap witnesses..........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Illegal gratification - Trap witness - Where accused admitted the fact of receipt of amount and seizure of amount by trap party headed by D.S.P, any discrepancy in evidence of trap witness is not much relevant in the case...........
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..........
