Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Illegal gratification - Demand and acceptance - Complainant/PW1 is the only witness to alleged demand and acceptance - He did not state that accused reiterated her demand at the time of trap - His version is that on his own, he told her that he had brought the amount - In cross examination PW1 accepted that..........
Prevention of Corruption Act, 1988, Section 13(1)(d), 13(2) -- Illegal gratification - Accused being Assistant Jailer used to accept illegal gratification from family members of prisoners and if any family member of prisoner refused to pay the bribe, he used to treat them rudely - Call data record and conversion made between accused and other accused persons clearly..........
Prevention of Corruption Act, 1988, Section 17A -- Investigation - Prior approval of Government - FIR has been registered for separate incriminating acts which are not directly relatable to recommendations made or decisions taken by petitioner public servant in discharge of his official functions or duties and rather pertain to illegal transactions of demand and acceptance..........
Prevention of Corruption Act, 1988, Section 17A -- Prior approval of competent authority - Inquiry and investigation - Allegation of demanding illegal gratification relates to discharge of official duties of accused and no prior approval of competent authority has been obtained - Proceedings or very attempt to arrest accused on the spot on the charge of accepting bribe may..........
Prison (Bombay Furlough and Parole) Rules, 1959, Rule 4 -- Furlough - Accused and his father have a mass following of persons who owe loyalty to them and there is a reasonable apprehension of a disruption of public peace and tranquility - During trial attempts have been made to bribe public officials - Respondent was released earlier this year to accommodate a genuine need..........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Illegal gratification - Demand of illegal gratification is sine qua non to constitute offence under the Act - Mere recovery of currency notes also itself does not constitute offence under the Act, unless it is proved beyond all reasonable doubt that accused voluntarily accepted money, knowing it to be bribe...........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Illegal gratification - Demand and acceptance - Place of occurrence - Accused contended that place of occurrence is almost in front of police station and thus it is not possible for any person to fix place for taking bribe in front of any police station - However, it is in the evidence of witnesses that..........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Illegal gratification - Demand and acceptance - Treated notes were recovered from hand of accused - Report received from FSL states that in sample of liquid sent for chemical examination, liquid was result of washing hands of accused and due to application of powder on currency note which were to be given as..........
Service -- Dismissal - Charge of acceptance of bribe and faked the money receipts - No explanation as to why representative beneficiaries were not examined - Tax collector and executive officer were not examined on whose statements reliance was placed to come to conclusion that respondent had faked the money receipts - No explanation given for non-examination of such..........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Illegal gratification - Accused being a Patwari demanded bribe of Rs.250 from complainant for correction in relevant mutation record - However, there are material contradictions in statement of complainant and panch witnesses with regard to initial demand and trap also - Complainant and I.O stated that at..........
