Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2), 20 -- Illegal gratification - Accused being village administrative officers demanded Rs.600 to facilitate transfer of electric connection in the name of complainant - PW1 proved the sanction for prosecution - Inspector Crime Branch proved trap proceedings and recovery - False defence is taken by accused which..........
Prevention of Corruption Act, 1988, Section 7, 13 -- Illegal gratification - Demand of bribe by accused is a condition precedent to constitute an offence - However, mere demand by itself is not sufficient to establish offence, factum of acceptance plays very important role...........
Prevention of Corruption Act, 1988, Section 13(1)(d), 13(2) -- Illegal gratification - Currency notes in question were placed on working table of accused as per demand of accused as stated by PW3 - However, accused till seizure had not touched currency notes in question - Said fact fortified from fact that hand wash of accused being taken, but colour did not turn pink -..........
Indian Penal Code, 1860, Section 420, 467, 468, 471, 304B, 201, Prevention of Corruption Act, 1988, Section 13(1)(d), 13(2) -- Cheating - Opening of fictitious account in Bank without proper verification in accordance with banking regulations and deposits in the same and withdrawals by bank employees - CFSL Officer deposed that account opening form of fictitious account..........
Criminal Procedure Code, 1973, Section 239 -- Discharge - Accused facing trial for corruption case - Issues urged by accused and same having been refuted by complainant are such that they can be decided more appropriately and properly during trial after evidence is adduced by parties rather than at the time of deciding application u/s 239 Cr.P.C - Application rightly..........
Criminal Procedure Code, 1973, Section 438, Prevention of Corruption Act, 1988, Section 13(1)(d), Indian Penal Code, 1860, Section 420, 120B -- Anticipatory bail - Offence u/s 13(1)(d) of P.C Act and Ss.420, 120-B IPC - Possession of land in question was taken by government - Petitioner in the capacity of Tehsildar declaring private persons as Gair Marushi and Marushi -..........
Criminal Procedure Code, 1973, Section 389, 437, 439, Indian Penal Code, 1860, Section 420, 467, 468, 471, 473, 120B, Prevention of Corruption Act, 1988, Section 13(2), 13(1)(d) -- Bail during pendency of appeal - Active involvement of accused in the offence - Keeping in view the magnitude of the offence, bail during pendency of appeal declined...........
Indian Penal Code, 1860, Section 420, 467, 468, 471, 120B, Prevention of Corruption Act, 1988, Section 13(2), 13(1)(d) -- Offence u/ss 420, 467, 468, 471, 120-B IPC and S.13(2), 13(1)(d) PC Act - No evidence on record to prove that for the work done separate payment was made - Even, videography was got done but said videography was not proved on record, which causes..........
Criminal Procedure Code, 1973, Section 173(2)(5)(a) -- Authorization for investigation - Dismissal of application by applying principles of res judicata - Failure to file application or authorization along with charge sheet was an omission constituting procedural lapse only - No impediment in appellant seeking to bring the same on record subsequently u/s 173(2)(5)(a)..........
Prevention of Corruption Act, 1988, Section 13(1)(d), 13(2), Indian Penal Code, 1860, Section 120B, Criminal Procedure Code, 1973, Section 228 -- Offence u/ss 13(1)(d), 13(2) of Prevention of Corruption Act and S.120-B IPC - Prima facie after pursuing challan papers and study of evidence collected during investigation, trial Court committed no error in framing charge for..........
