Criminal Procedure Code, 1973, Section 319, Prevention of Corruption Act, 1988, Section 11, 13(1)(d), 13(2), Indian Penal Code, 1860, Section 420, 409, 120B -- Summoning of additional accused - Misappropriation of amount in State Corporation - Collection of money done in different branch offices spread all over State - However, instructions were being parted through a..........
Prevention of Corruption Act, 1988, Section 19 -- Sanction for prosecution - Provisions of S.19 of P.C.Act will have an overriding effect over general provisions contained in S.190 or S.390 Cr.P.C. - Special Judge while trying an offence under P.C Act cannot summon another person and proceed against him in purported exercise of power u/s 319 Cr.P.C., as existence of..........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Illegal gratification - Demand of bribe from complainant for issuing notice to Sarpanch - As per evidence on record, there is inconsistent testimony of complainant as to time to visit to office of Collector for making inquiry with accused - Even, inconsistent testimonies of complainant and panch witness as..........
Prevention of Corruption Act, 1988, Section 13, Indian Penal Code, 1860, Section 109 -- Offence u/s 13 of P.C. Act against public servant and u/s 109 IPC against non public servant - All accused discharged - During pendency of revision, main accused died - Revision dismissed by holding that death of main accused has resulted in abatement of trial - Held, death of main..........
Prevention of Corruption Act, 1988, Section 13(1)(d), 13(2) -- Offence u/ss 13(1)(d), 13(2) of the Act - Accused allegedly committed irregularities in construction of wells undertaken in Jeevandhara Scheme and made payments fraudulently to beneficiaries without well being constructed - However, record reveals that third instalment which was to accrue on completion of..........
Prevention of Corruption Act, 1988, Section 13(1)(e), 13(2), Evidence Act, 1872, Section 101, 102 -- Criminal misconduct - Assets disproportionate to known source of income - Burden of proof - Primary burden to bring home charge of criminal misconduct is on prosecution - It is only on discharge of such burden by prosecution, if accused failed to satisfactorily account for..........
Prevention of Corruption Act, 1988, Section 13(1)(e), 13(2) -- Criminal misconduct - Assets disproportionate to known source of income - Prosecution failed to prove beyond all reasonable doubt the charge of criminal misconduct - Accused not required in law to offer any explanation to satisfactorily account therefor - Benefit of doubt given to accused - Accused acquitted...........
Prevention of Corruption Act, 1988, Section 7, 13 -- Illegal gratification - Proof of demand is an indispensable essentiality and of permeating mandate for an offence u/ss 7, 13 of the Act...........
Indian Penal Code, 1860, Section 120B, Prevention of Corruption Act, 1988, Section 7, 8, 10, 12, 13(2), 13(1)(d) -- Criminal Conspiracy - Illegal gratification - Quashing of charge - Prosecution failed to prove guilt of accused - There is no material evidence on record in order to bring home the charge of conspiracy against accused - No direct or circumstantial evidence to..........
Prevention of Corruption Act, 1988, Section 19 -- Sanction for prosecution - Opportunity of hearing to accused - Act of giving sanction is only an administrative act and not a quasi judicial act - Order of sanction need not contain detailed reasons in support thereof - There is thus, no need to provide an opportunity of hearing to officer concerned before according..........
