Prevention of Corruption Act, 1988, Section 7, 13(2) -- Illegal gratification - Non-joining of independent witness - Mere fact that independent witness available at spot was not associated in trap proceedings by investigating officer, is no ground to discard prosecution case - As raiding party is already constituted and trap has also to be kept secret, otherwise it may..........
Prevention of Corruption Act, 1988, Section 13(1)(d), 13(2) -- Corruption case - Complainant is an interested and partisan witness concerned with the success of the trap - His evidence must be tested in the same way as that of any other interest witness...........
Prevention of Corruption Act, 1947, Section 5(2) -- Demand and acceptance of bribe - Proof - It is not even case of prosecution that any bribe amount was handed over to "R" at any point of time by complainant - In entire evidence of prosecution it has nowhere come in the version of any of witnesses including complainant that any part of bribe was given directly to accused..........
Prevention of Corruption Act, 1988, Section 7,13 -- Illegal gratification - Complainant is an interested and partisan witness concerned with the success of the trap and his evidence must be tested in the same way as that of any other interested witness and in a proper case the Court may look for independent corroboration before convicting the accused person...........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Illegal gratification - In a trap case, evidence of a decoy has to satisfy a double test - Evidence must be reliable and if this test is satisfied, it must be sufficiently corroborated...........
Prevention of Corruption Act, 1988, Section 13(2), 13(1)(d) -- Illegal gratification - Conduct of trap case - Accused Officer allegedly taking bribe to do some official favour by transferring husband of complainant to some near place - Refusal by accused to accept and pick up tainted money during trap case - Explanation given by accused official regarding turning of his..........
Prevention of Corruption Act, 1988, Section 19 -- Sanction for prosecution - Recovery of bribe money in a trap - Excise Commissioner initially found that no case was made out for the grant of sanction - Subsequently, the Excise Commissioner re-examined the matter and after pursuing the entire evidence and discussing all the facts, accorded sanctions for prosecutions -..........
Prevention of Corruption Act, 1988, Section 13(2), 13(1)(d),, 7 -- Illegal gratification - Bank Manager demanded and accepted illegal gratification for sanctioning loan - Loan stood already sanctioned and disbursed a day before complaint - Shadow witness did not accompany complainant to prove demand and acceptance of bribe money - Complainant turned hostile during trial..........
Prevention of Corruption Act, 1988, Section 13(2), 7 -- Illegal gratification - Non examination of trap witness - Fatal to prosecution case - Adverse inference has to be drawn against prosecution especially when no tainted money is recovered from the possession of accused...........
Prevention of Corruption Act, 1988, Section 13(2), 7 -- Illegal gratification - Demand of Rs 400 by a public servant as illegal gratification - Trap laid and tainted money recovered from chowkidar and not from the accused - Trap witness not examined - Held, it is fatal to the prosecution case specially when no tainted money was recovered from the possession of the accused...........
