Criminal Procedure Code, 1973, Section 439, Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Bail - Illegal gratification - Contention that recovered currency notes not sealed, no demand made by accused, number of currency notes recovered not tallying with the currency notes given in the memo prepared before trap - In the facts and circumstances of case,..........
Indian Penal Code, 1860, Section 43 -- Illegal Act - Meaning - An act would be illegal if it is an offence or if it is prohibited by law - It is almost similar to the definition of conspiracy u/s 120A IPC...........
Indian Penal Code, 1860, Section 120A, 120B -- Conspiracy - Definition, essential features and proof - Mere agreement to do an illegal act or an act which is not illegal by illegal means is punishable - Meeting of minds of two or more persons for doing an illegal act or an act by illegal means is a sine qua non of the criminal conspiracy - Conspiracy is a substantive..........
Indian Penal Code, 1860, Section 107, 120B, 123 -- Conspiracy - Charge of conspiracy not proved - Unless charge of conspiracy is proved beyond reasonable doubt - Accused not guilty of conspiracy - However knowledge of conspiracy proved - Failure to inform - Duty bound to inform police or magistrate u/s 39 Cr.P.C. - Illegal omission to apprise the police or Magistrate of..........
Prevention of Corruption Act, 1988, Section 7, Criminal Procedure Code, 1973, Section 240 -- Illegal gratification - Charge - Statement of independent witnesses and complainant that accused not only demanded illegal gratification but he also accepted the same and when CBI Personnel tried to nab him he managed to escape - Held, such evidence collected during investigation..........
Prevention of Corruption Act, 1988, Section 5(2), Indian Penal Code, 1860, Section 161 -- Illegal gratification - Defence version - Accused started a criminal case against complainant for theft of electricity and complainant was found guilty which was however set aside in appeal - In view of this fact and other circumstances, defence case is more probable than that of the..........
Prevention of Corruption Act, 1988, Section 5(2), Indian Penal Code, 1860, Section 161 -- Illegal gratification - Amount of Rs.150/- found in shirt pocket of accused in a trap - Shirt was hanging on peg and accused was away from room - Phenolphthalein powder not used in the case - It is duty of officers of vigilance department to safeguard for protection of public servant..........
Indian Penal Code, 1860, Section 107 -- Suicide - Abetment - Husband subjected wife to cruelty by physically assaulting her - Not guilty of offence of abetment to suicide unless any one of the three modes of abetment given in S.107 IPC is also established - The three modes are instigation to do certain thing, conspiring with other person for doing certain thing, an act or..........
Criminal Procedure Code, 1973, Section 309(2) -- Petitioner arrested u/s 7 of Prevention of Corruption Act while accepting bribe in a trap case - Case diary of case not forwarded with charge-sheet - Case diary received on 7.1.2005 and Court took cognizance on 18.1.2005 - Petitioner not entitled to be released on ground of illegal detention...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18, 22, 23, 25, 28, 29, 30, Indian Penal Code, 1860, Section 120B -- Opium - Recovery from truck - Driver of truck knowing about the presence of contraband in the vehicle and about the illegal transportation of the same - Driver a convict for the first time - Sentence reduced from 14 to 10 years...........
