Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Illegal gratification - Accused being Sub-Inspector of Police allegedly demanded Rs.50,000 from complainant for not arraying him as accused in crime registered against him under Passport Act - He prepared arrest warrant of complainant but not arrested him - Arrest memo was prepared by accused only to extract..........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Illegal gratification - Prosecution case is that money was accepted and recovered from possession of co-accused who is already acquitted under the alleged offences - There is thus, no evidence to prove that accused directly accepted money from complainant - Both the accused already acquitted of charge u/s..........
Prevention of Corruption Act, 1988, Section 13(1)(C), 13(2), 67, Indian Penal Code, 1860, Section 409, 477A -- Misappropriation of public money - Confessional statement of accused - Though confession was made before PW3 and PW2 by accused, but no question was put to PW3 and PW2 that extra judicial confession was an outcome of any threat, inducement or allurement -..........
Prevention of Corruption Act, 1988, Section 13(1)(C), 13(2), Indian Penal Code, 1860, Section 409, 477A -- Misappropriation of public money - Reduction of sentence - Occurrence was of the year 1992-94 - Considering passage of time and facts and circumstance of case, sentence of imprisonment imposed on accused reduced to three years u/s 409 IPC - However, conviction u/ss..........
Prevention of Corruption Act, 1988, Section 7 -- Illegal gratification - Order taking cognizance - Petitioner being a Patwari demanded bribe for issuance of bonafide residence certificate - However, no evidence on record to show that there is any specific demand for making a bonafide residence certificate - Rather, petitioner had mentioned in transcript that residence..........
Prevention of Corruption Act, 1988, Section 7, 13(2), 13(1)(d) -- Illegal gratification - Demand and acceptance - PW2 clearly stated that demand and acceptance made by A-2 on behalf of A-1 - PW3 accompanying witness though turned hostile in cross-examination but in examination in chief he stated that A-2 demanded bribe on direction of A-1 - To that extent evidence of PW2..........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Illegal gratification - Accused being Patwari demanded Rs.350 for expenses incurred on preparation of documents for partition - He was not demanding money as bribe - Statements of PWs disbelieved by Court - Receiving of Rs.350 and recovery thereof ipso facto is not sufficient proof of demand - Prosecution..........
Prevention of Corruption Act, 1988, Section 8 -- Illegal gratification - Things essential for offence u/s 8 of the Act viz: (i) there must have been solicitation or receipt of gratification; (ii) such gratification must have been asked for or paid as a motive or reward for inducing a public servant to do an act or do a favour or render some service as stated u/s 8 of the..........
Prevention of Corruption Act, 1988, Section 8 -- Illegal gratification - Vague evidence on record as to for whom accused demanded money and whether person for whom accused demanded and received money is a public servant - In absence of convincing evidence to show that accused had received money from PW4 to induce a public servant to get confirmation of ticket for airplane,..........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 20 -- Illegal gratification - Presumption as to - A-1 demanded bribe of Rs.1000 and same was settled for Rs.500 for expediting the matter for conversion of plot for no, agricultural purpose - Recovery of tainted currency notes from A-2 who accepted the same on behest of A-1 and presence of anthracene powder in right..........
